HomeMy WebLinkAbout2025-12-16-ConCom-min.pdf
Meeting broadcasted by LexMedia
PUBLIC MEETING MINUTES
Conservation Commission
___________________________________________________________________________
AGENDA Tuesday, December 16th, 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 a computer was encouraged.
Commissioners Present: Kevin Beuttell, Duke Bitsko (joined at 7:40pm), Alexandra Dohan,
Philip Hamilton (Chair), Ruth Ladd, and Thomas Whelan; Not present: Jason Hnatko
Staff Present: Karen Mullins, Conservation Director, and Megan Downer, Department
Assistant;
6:30 PM New Business/Pending Matters
Plan Modification: 178 Waltham St, CPM-25-16
Mr. Fred Russell, project engineer, presented the plan modification which includes changing the
proposed driveway into a circular driveway due to safety concerns. The driveway would be made
using porous asphalt and the infiltration system is installed onsite already. Mr. Russell stated that
the proposed modification also includes a permeable paver patio off the rear of the dwelling.
Ms. Ladd asked if this type of modification is typically reviewed by Town Engineering. Ms.
Mullins stated that when stormwater calculations are changed, this needs to be reviewed by
Town Engineering. Ms. Mullins also stated that the stormwater system previously approved
remains the same.
Mr. Hamilton stated that the Commission has standard conditions for porous asphalt that are
typically included in the Order of Conditions. Ms. Mullins stated that there are currently no
conditions included in the Order pertaining to porous asphalt onsite as it was not proposed in the
original filing. Mr. Hamilton stated that this plan change can only be approved through an
Amended Order of Conditions in order to add the conditions in pertaining to porous pavement.
Request for Certificate of Compliance: 29 Rangeway, DEP #201-968, BL 926, OpenGov COC-
25-23
Mr. Fred Russell, project engineer, presented and stated that this project began around 2013 and
all construction has been completed onsite with the only outstanding item being the installation
of a grate over the walking path. Mr. Russell stated that he has been monitoring the system and
submitting inspection reports in the Spring and Fall annually.
Ms. Mullins stated that three of the catch basins onsite are full of leaves and debris and the
trench drain at the end of the driveway was also full of debris and leaves. Mr. Russell stated that
according to the manufacturer’s recommendations and his inspections of the trench drain and the
catch basins, the drain and the catch basins are not at risk of clogging.
The Certificate of Compliance will be held by staff until the catch basins and trench drain are
cleaned.
On a motion by Ms. Ladd and seconded by Ms. Dohan, the Commission voted 5-0 by roll call
vote to issue the Certificate of Compliance.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Certificate of Compliance: 42 Winthrop Rd, DEP #201-1265, OpenGov CNOI-22-
16, COC-25-20
Mr. Paul Kirchner, Stamski and McNary, stated that there have been no changes since the
Commission’s site visit the on December 13th, 2025. Mr. Kirchner stated the applicant is seeking
feedback from the Commission at this time.
Ms. Ladd stated that there were major changes onsite including a large loss of natural vegetation
that was converted to lawn area. Ms. Ladd stated that this area should be revegetated with native
species. Mr. Beuttell stated due to the changes in the surface conditions, updated stormwater
calculations are needed to ensure they meet the Town’s standards.
Ms. Cyndi Sherman, the property owner’s attorney, stated that the landscapers have provided
further information that can be utilized towards updating the stormwater calculations. Ms.
Sherman stated that the homeowners are amenable to restore the disturbed lawn area.
Mr. Hamilton stated that due to the changes in surface onsite impacting the stormwater
calculations, an Amended Order of Conditions may be required for approval and review. Ms.
Mullins stated that the restoration onsite would need to be handled through an enforcement
order.
On a motion by Ms. Ladd and seconded by Mr. Whelan, the Commission voted 5-0 by roll call
vote to issue an enforcement order.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Certificate of Compliance: 92 Hill St, DEP #201-1332, OpenGov CNOI-24-24,
COC-25-21
Ms. Mullins stated that she has provided updated comments to LEC. Ms. Nicole Ferrara, LEC
Environmental, stated that she has received Ms. Mullin’s updated comments today and the
updates that are needed onsite will be addressed.
Request for Certificate of Compliance: 9 Fairfield Dr, DEP #201-1319, OpenGov CNOI-24-11,
COC-25-12
Ms. Ferrara stated that the applicant is requesting a Partial Certificate of Compliance and that all
work has been completed and restoration plantings have been installed. The monitoring of the
plantings will continue into 2028.
Ms. Mullins stated that she will need to follow up with Town Engineering on this as-built plan
since the trench drain and sediment basin are in the Town Right-of-Way instead of on the
property. Ms. Mullins will verify with Town Engineering if this is acceptable.
Vote to Issue Order of Conditions: 292 Waltham St, Bylaw Only, OpenGov CNOI-25-28
Ms. Mullins stated that the Commission noted in the previous hearing that bounds must be
installed along the rear limit of work line at the 50-foot Buffer Zone.
On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 5-0 by roll call
vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
7:00 PM New Public Meetings/Hearings
Request for Determination of Applicability: 5 Rindge Avenue
OpenGov Permit# CDOA-25-28
Applicant/Property Owner: Allison Machado Dos Santos (applicant), Leora Tec (owner)
Project: Construction of a deck within the 100-foot Buffer Zone to Bordering Vegetated
Wetlands and Bordering Land Subject to Flooding.
Documentation Submitted:
WPA Form 1 – Request for Determination of Applicability; Locus: 5 Rindge Ave,
Lexington, MA; Prepared for: Allison Machado Dos Santos; Prepared by: Leonardo
Lacerda; Date: 11/20/2025
Proposed Plot Plan; Locus: 5 Rindge Ave, Lexington, MA; Prepared by: Land Mapping
Inc; Date: 10/23/2025
Detailed Project Description; Locus: 5 Rindge Ave, Lexington, MA; Prepared for:
Allison Machado Dos Santos; Prepared by: Leonardo Lacerda; Not Dated
This project has been brought in front of the Zoning Board of Appeals (ZBA) for approval. Ms.
Mullins stated that the ZBA hearing for this project has continued into January 2026 and revised
plans have been requested for their hearing. Conservation department staff have unsuccessfully
attempted to reach the applicant multiple times to request a continuance for this application to be
heard at a future Commission meeting. Ms. Mullins stated that without a continuance request or
any correspondence from the applicant, the Commission cannot continue the hearing without the
applicant’s approval and must issue a positive determination.
On a motion by Ms. Ladd and seconded by Mr. Beuttell the Commission voted 5-0 by roll call
vote to issue a positive determination.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Request for Determination of Applicability: 0 Vine Street
OpenGov Permit# CDOA-25-29
Applicant/Property Owner: The Massachusetts Water Resources Authority (MWRA)
Project: The maintenance and repair of sewer line siphon and junction structures within
Bordering Vegetated Wetlands, Bordering Land Subject to Flooding, the 200-foot Riverfront
Area and within the 100-foot Buffer Zone to BVW and located at Cataldo Reservation.
Documentation Submitted:
WPA Form 1 – Request for Determination of Applicability; Locus: Jerry Cataldo
Reservation and Lower vine Brook; Prepared for: MWRA; Prepared by: Rishabh Iyer,
Kleinfelder, Inc.; Date: 11/24/2025
Bid Documents: Siphon/Junction Structure Rehabilitation Phase 1; Prepared for: MWRA;
Prepared by: Kleinfelder; Date: February 2025
Request for Determination of Applicability; Locus: Jerry Cataldo Reservation and Lower
vine Brook; Prepared for: MWRA; Prepared by: Rishabh Iyer, Kleinfelder, Inc.; Date:
11/25/2025
Mr. Milan Horbaczewski, Massachusetts Water Resources Authority (MWRA), presented and
stated that a Negative Determination of Applicability was issued three years ago for this project.
Mr. Horbaczewski stated that MWRA is performing maintenance and repair on three junction
chamber structures in Lexington. MWRA anticipates work to begin in April 2026.
Mr. Mike Cunningham, Kleinfelder, stated that the project also includes floodproofing and
protection of the exterior and interior of the sewer line. Mr. Cunningham also stated that if any
portions of the structure are exposed above grade, the concrete will be patched and sealed.
Clearing will only include pruning and removal of brush alongside the access trail to provide
space for a pickup truck to bring materials in at the Lower Vine Brook location. The owner of 11
South Rindge Avenue is allowing MWRA access to the second structure location which is
located in Cataldo Reservation through a small easement on their side property line and all
materials will be carried by hand through this easement. The third location will be accessed
through the Arlington Housing Authority access road to Cataldo Reservation.
Mr. Cunningham stated that the previously issued permits for this project had expired due to the
longevity of negotiations for easements to access the work sites without entering through the
wetlands onsite. Mr. Hamilton stated that the proposal is the same as it was when approved three
years ago by the Commission.
Ms. Ladd asked if access to the trails will be impacted during the time of the work. Mr.
Cunningham stated that the trails do not need to be closed and any hoses will be covered with
small ramps as needed to remove any chances of trip hazards on the trails. Mr. Horbaczewski
stated that a representative from MWRA or a consultant inspector will be onsite at all times
while work commences to supervise and ensure no obstructions to the trails.
On a motion by Mr. Beuttell and seconded by Mr. Whelan the Commission voted 5-0 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
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 28 Hathaway Road
OpenGov Permit# CNOI-25-31, DEP #201-1380
Applicant/Property Owner: Rebecca Lespasio
Project: Demolition of an existing porch, construction of an addition to a single-family dwelling
and associated site appurtenances, within the 100-foot Buffer Zone from Bordering Vegetated
Wetlands and Bordering Land Subject to Flooding (Code only).
Documentation Submitted:
WPA Form 3 – Notice of Intent; Locus: 28 Hathaway Rd, Lexington, MA; Prepared for:
Rebecca Lespasio; Prepared by: Montgomery Kwagala, Stamski and McNary, Inc.; Date:
11/17/2025
Notice of Intent Packet; Locus: 28 Hathaway Rd, Lexington, MA; Prepared for: Rebecca
Lespasio; Prepared by: Stamski and McNary, Inc.; Date: 11/24/2025
Wetland Permitting Plan; 28 Hathaway Rd, Lexington, MA; Prepared for: Lespasio;
Prepared by: Stamski and McNary, Inc.; Stamped and Signed by: George Dimakarakos,
Civil PE No. 41281, and Joseph March, PLS No. 36384; Date: 11/17/2025
Stormwater Management Report; Locus: 28 Hathaway Rd, Lexington, MA; Prepared for:
Rebecca Lespasio; Prepared by: Stamski and McNary, Inc.; Stamped and Signed by:
George Dimakarakos, Civil PE No. 41281; Date: 11/17/2025
Representative Site Photos; Not Dated
Mr. Montgomery Kwagala, Stanski and McNary, presented and stated that the plan has been
modified since the site visit with the Commission on Saturday December 13, 2025. Mr. Kwagala
stated that the proposal includes an addition partially within the 100-foot buffer zone,
replacement of existing screen porch with an addition on Sono tubes, a deck in the rear, and
outdoor patio. The only trees proposed for removal onsite are located outside of the 100-foot
buffer zone. Mr. Kwagala also stated that Feno bounds are proposed to mark the bounds of the
1,325 square foot restoration area and are proposed along the 25-foot buffer zone.
Ms. Ladd stated that a Feno bound needs to be installed at the property line and asked for
clarification on the plantings to be installed. Mr. Kwagala stated that a Feno bound can be added
at the property line and that a planting list is included in the plans.
Mr. Beuttell asked if a letter from Town Engineering has been provided. The Engineering
department has not provided comments yet. Mr. Hamilton stated that the hearing will need to
continue to allow time for engineering comments to be submitted.
On a motion by Ms. Ladd and seconded by Ms. Dohan the Commission voted 5-0 by roll call
vote to continue the hearing to 1/6/2026, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Commissioner Duke Bitsko joined the meeting at 7:40pm.
Notice of Intent: 0 Grove Street (Grove Street Culvert)
OpenGov Permit# CNOI-25-32, DEP #201-1379
Applicant/Property Owner: Town of Lexington Engineering Division
Project: The lining of an existing deteriorating culvert, within Bank, Bordering Vegetated
Wetlands, and Land Under Water, and within the 100-foot Buffer Zone.
Documentation Submitted:
WPA Form 3 – Notice of Intent; Locus: Grove St Culvert, Lexington, MA; Prepared for:
Town of Lexington; Prepared by: Kate (O’Donnell) Wilkens; Date: 11/24/2025
Grove St Culvert Lining Project; Locus: Grove St Culvert, Lexington, MA; Prepared for:
Town of Lexington; Prepared by: Woodard & Curran; Date: November 2025
Checklist for Stormwater Report; Locus: Grove St Culvert; Prepared by: Brad Hart, PE;
Wetland Resource Evaluation; Locus: Grove Street Culvert, Lexington, MA; Prepared
for: Brad Hart, PE, Woodard & Curran; Prepared by: Scott Jordan and Kate O’Donnell,
EcoTec, Inc.; Date: 8/19/2024; Revised: 10/2/2025
Design Basis Memorandum; To: John Livsey, PE, Town of Lexington Engineer; From:
Woodard & Curran; Date: 11/18/2025
Resource Area Compliance Assessment: Proposed Grove Street Culvert Lining Project;
Locus: Grove St, Lexington, MA; Prepared for: Town of Lexington – Engineering
Division; Prepared by: Kate (O’Donnell) Wilkens, EcoTec, Inc.; Date: 11/18/2025
Wetland Restoration Area Protocol; Locus: Grove St, Lexington, MA; Prepared for:
Town of Lexington – Engineering Division; Prepared by: Kate (O’Donnell) Wilkens,
EcoTec, Inc.; Date: 11/6/2025
Engineering Comments; Date: 12/8/2025
Mr. John Livsey, Town Engineer, presented and stated that the culvert to be worked on is located
on Grove Street and is deeper than most of the culverts in town. Mr. Livsey stated that several
years ago, the Town Engineering Division completed a full analysis of all culverts in town, and
the Grove Street culvert was found to need preventative maintenance. Woodard & Curran have
been hired by the Town to complete the maintenance.
Mr. Matt Caulfield, Woodard & Curran, stated that they have worked with EcoTec to complete
wetland delineations onsite, a graphic survey and a CCTV camera study of the culvert. Mr.
Caulfield stated that the 48-inch pipe was found to have various signs of degradation. The project
would result in a Northbound Lane closure, possible full closure, and sidewalks would remain
open throughout the process. Mr. Caulfield provided explanation of the repairs and the liner
installation process and stated that wetland matting would be utilized to reduce impacts on
wetland soils.
Ms. Kate O’Donnell Wilkins, EcoTec, presented the wetland delineation plan and explained the
resources onsite. Ms. O’Donnell Wilkins stated that all work will be completed on wetland
matting to prevent rutting from machinery or staged materials. A wetland restoration protocol
has been submitted to mitigate any impact to the resource areas and restore the area.
Ms. Dohan asked where the materials dredged will be placed. Mr. Caulfield stated that the
dredged materials in the upstream will be spread outside of the resource area and the materials
dredged downstream will be taken off site.
Ms. Ladd asked if the access on the north side could have been through the trail rather than down
the steep slope as proposed. Mr. Brad Hart, Woodard & Curran, stated that the trail access option
was explored as an option and not chosen due to a larger impact on the number of trees cut down
for access and the land is soft in this location which would cause a larger impact to the wetlands.
Mr. Bitsko stated that the Commission should include in their conditions that an environmental
monitor be included throughout the length of the project.
Mr. Beuttell asked for the reason behind the extensive stone area on the upstream side of the
culvert. Mr. Caulfield stated that the stone is designed to be prepared for flow from either side
and is the standard layout they utilize. Mr. Livsey stated that this area is where the liner will be
pulled from and needs a stable and protected surface for installation.
Ms. Geraldine Foley, 28 Wyman Road, expressed concerns about flooding as a result of this
project, Mr. Livsey stated that the culvert size is decreasing slightly and the flow of the stream
should not have significant impacts downstream that would result in any flooding.
On a motion by Ms. Ladd and seconded by Mr. Whelan the Commission voted 5-0 by roll call
vote to close the hearing.
Record of Vote as Follows:
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Commissioner Kevin Beuttell left the meeting during this hearing.
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), 9/30/2025, 10/14/2025 (no testimony), 10/28/2025 (no
testimony), 11/10/2025 (no testimony), 11/25/2025 (no testimony)
Supplemental Documentation Submitted:
Isolated Land Subject to Flooding Analysis; Locus: “Lost Pond”, 114 Wood St,
Lexington, MA; Prepared by: Frederick W. Russell Jr, Civil PE; Date: 9/16/2025;
Revised: 11/10/2025
Vernal Pool Extent Analysis; Locus: “Lost Pond”, 114 Wood St, Lexington, MA;
Prepared by: Frederick W. Russell Jr, Civil PE; Date: 8/24/2025; Revised: 11/10/2025
Existing Conditions; Locus: 114 Wood St, Lexington, MA; Prepared for: Seaver
Properties, LLC; Prepared by: Keenan Survey; Date: 8/26/2025; Revised: 11/10/2025 and
12/3/2025
On a motion by Ms. Dohan and seconded by Mr. Whelan the Commission voted 5-0 by roll call
vote to continue the hearing to 1/6/2026, at the applicant’s request.
Record of Vote as Follows:
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), 8/26/2025, 9/9/2025 (no testimony), 9/30/2025 (no testimony), 10/14/2025 (no
testimony), 10/28/2025 (no testimony), 11/25/2025 (no testimony)
Supplemental Documentation Submitted:
Wetland Permitting Plan Letter; To: Conservation Commission; From: Montgomery
Kwagala and George Dimakarakos, Stamski & McNary; Date: 12/8/2025
Wetland Permitting Plan; Locus: 4 Turning Mill Rd, Lexington, MA; Prepared for:
Lacouture; Prepared by: Stamski and McNary; Stamped and Signed by: George
Dimakarakos, Civil PE No. 41281; Date: 4/8/2025; Last Revised: 12/8/2025
Mr. Montgomery Kwagala, Stanski and McNary, presented and stated that a revised plan has
been provided with updates demarking the disturbed areas onsite and all restoration areas
proposed. Mr. Kwagala stated that the construction for the garage and installation of the
infiltration trench would occur prior to the restoration plantings due to the proximity of the
restoration plantings to the work area.
Ms. Ladd stated that procedurally, the enforcement matter needs to be handled separately from
the Notice of Intent filing.
On a motion by Ms. Ladd and seconded by Ms. Dohan the Commission voted 5-0 by roll call
vote to approve the enforcement restoration plan.
Record of Vote as Follows:
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Mr. Kwagala stated that the infiltration trench will treat the stormwater from the proposed
garage. The proposed garage will be moved further from the wetlands than the existing garage.
Ms. Mullins stated that the new edge of disturbance will be where the new Feno bounds are to be
installed.
On a motion by Ms. Dohan and seconded by Mr. Whelan the Commission voted 5-0 by roll call
vote to close the hearing.
Record of Vote as Follows:
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – 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 Dates: 10/14/2025, 10/28/2025, 11/10/2025, 11/25/2025 (no testimony)
Supplemental Documentation Submitted:
Conservation Site Plan & Site Details; Locus: 58 Valleyfield St, Lexington, MA;
Prepared for: Richard Deluca; Prepared by: Patriot Engineering; Stamped and Signed by:
Michael J. Novak, Civil PE; Date: 9/12/2025; Last Revised: 11/28/2025
Mr. Gregory Rosa, 58 Valleyfield Street, presented and stated that the rough restoration plan
presented previously has now been formalized and submitted to the record. Mr. Rosa also stated
that the plan includes the correct Wetland Flag 3 and 4 markers. The number of tree plantings
has increased as well to mitigate for the trees to be removed onsite.
On a motion by Ms. Dohan and seconded by Mr. Whelan the Commission voted 5-0 by roll call
vote to close the hearing.
Record of Vote as Follows:
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
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 Dates: 10/14/2025, 10/28/2025, 11/10/2025, 11/25/2025 (no testimony)
Supplemental Documentation Submitted:
Form 11 - Soil Suitability Assessment for On-Site Sewage Disposal; Locus: 139 Worthen
Rd, Lexington, MA; Prepared by: Lawrence Greene; Date: 11/21/2025
Engineering Comments #4; Date: 11/24/2025
*Applicant has requested a continuance without testimony to 1/6/2026
On a motion by Ms. Ladd and seconded by Ms. Dohan the Commission voted 5-0 by roll call
vote to continue the hearing to 1/6/2026, at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – 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.
Previous Hearing Date: 10/28/2025, 11/10/2025 (no testimony), 11/25/2025 (no testimony)
Supplemental Documentation Submitted:
None
*Applicant has requested a continuance without testimony to 1/6/2026
On a motion by Mr. Whelan and seconded by Ms. Ladd the Commission voted 5-0 by roll call
vote to continue the hearing to 1/6/2026, at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 31 Barberry Road
OpenGov Permit# CNOI-25-29, DEP #201-1378
Applicant/Property Owner: Courtney Apgar and Joshua Apgar
Project: Demolition of two decks, construction of an addition to a single-family dwelling and
associated site appurtenances, within the 100-foot buffer zone to Bordering Vegetated Wetlands.
Documentation Submitted:
Engineering Comments 2; Date: 12/1/2025
Ms. Nicole Ferrara, LEC Environmental, presented and Mr. Michael Novak, Patriot Engineering,
was not present for the hearing. Mr. Hamilton stated that the hearing was continued in order to
received favorable comments from Town Engineering. Ms. Mullins stated that the Commission
did not receive any updated plans and asked for clarification on how the project now complies.
Ms. Ferrara contacted Mr. Novak for clarification on what the misunderstanding with Town
Engineering had been. Ms. Ferrara stated that there had been a misunderstanding with
Engineering regarding which roof areas were being removed. The communications explaining
the misunderstanding will be uploaded to the record.
On a motion by Ms. Dohan and seconded by Mr. Whelan 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
Notice of Intent: 16 Middleby Road
OpenGov Permit# CNOI-25-30, DEP #201-13XX
Applicant/Property Owner: Scott Seaver (Applicant), John and Carol Dickison (owners)
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:
Site plan; Locus: 16 Middleby Rd, Lexington, MA; Prepared for: Seaver Construction;
Prepared by: Frederick W. Russell, PE; Revised Date: 12/3/2025
Stormwater analysis; 16 Middleby Rd, Lexington, MA; Prepared for: Seaver
Construction; Prepared by: Frederick W. Russell, PE; Date: 11/1/2025; Revised:
12/1/2025
Engineering Comments; Date: 12/12/2025
Ms. Mary Trudeau, Wetlands Consultant, presented and stated that engineering comments have
been provided and that the infiltration system location has been shifted so an additional three
large white pines are able to be preserved onsite. Ms. Trudeau stated that the floodplain has been
added to the updated site plan. Ms. Mullins stated that the plan needs an explanation regarding
the floodplain along with the elevation.
Ms. Ladd asked if the house could be moved ten feet closer to the road. Ms. Trudeau stated that
the project engineer stated that the house cannot be moved ten feet closer to the road due to the
Building and Zoning requirements for height calculations being impacted if the house were to be
moved. Ms. Mullins stated that the Average Natural Grade measurement would be impacted by
the house being relocated.
Ms. Mullins stated that a DEP File number has not been issued yet and recommended Ms.
Trudeau call the state to resolve this. The hearing cannot be closed until one has been issued.
On a motion by Ms. Ladd and seconded by Ms. Dohan the Commission voted 5-0 by roll call
vote to continue the hearing to 1/6/2026, at the applicant’s request.
Record of Vote as Follows:
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
New Business/Pending Matters, Continued
Schedule site visits: 1/6/2026 Meeting
The site visits will be scheduled for Saturday January 3, 2026, starting at 9:30am.
Approve Minutes: 11/25/2025
On a motion by Ms. Dohan and seconded by Ms. Ladd, the Commission voted 6-0 by roll call
vote to approve the 11/25/2025 minutes.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Enforcement – 4 Turning Mill Road Restoration Plan
This item was discussed during the Notice of Intent hearing for this property.
Reports: Bike Advisory, Community Gardens, Community Preservation Committee,
Enforcement Updates, Greenway Corridor Committee, Land Acquisition, Land Management,
Land Steward Directors, Tree Committee
None.
On a motion by Ms. Ladd and seconded by Mr. Whelan, 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
8:55pm
Respectfully Submitted,
Megan Downer
LUHD Department Assistant
Approved: 1/6/2026
Archived: 1/12/2026