HomeMy WebLinkAbout2026-01-06-ConCom-min.pdfPUBLIC MEETING MINUTES IAWNIQla
Conservation Commission
AGENDA Tuesday, January 6th, 2026, 6:30 p.m.
Meeting broadcasted by LexMedia
This Conservation Commission meeting was held remotely via Zoom, an online meeting
platform. Public participation via calling in or using a computer was encouraged.
Commissioners Present: Kevin Beuttell, Duke Bitsko, Alexandra Dohan, Philip Hamilton, Ruth
Ladd (Chair), Jason Hnatko, and Thomas Whelan;
Associate Commissioner present: Tom Olivier
Staff Present: Karen Mullins, Conservation Director; Not Present: Megan Downer, Department
Assistant;
6:30 PM New Business/Pending Matters
Introduce new associate commissioner Tom Olivier
Ms. Ruth Ladd, Chair, welcomed the Commission's new associate member Tom Olivier.
2026 Native Plant Kit Sale: Approve expenditure from Lexington Nature Trust Fund to support
purchase of suggested sted plant species
Mr. Charlie Wyman, on behalf of Lexington Living Landscapes, stated that the Native Plant Kit
sale is a collaboration between the Conservation Division and Lexington Living Landscapes. Mr.
Wyman stated that they are requesting an expenditure from the Lexington Nature Trust Fund in
order to purchase the plant kits and will reimburse the Trust after the sale is over. The
expenditure request is for $6000. Mr. Wyman explained that this plant sale has been very
successful in the past and described the offerings that would be made available.
On a motion by Mr. Hamilton and seconded by Ms. Dohan, the Commission voted 7-0 by roll
call vote to approve the expenditure of $6000 from the Lexington Nature Trust Fund for the 2026
Native Plant Kit Sale.
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
Community Biodiversity Grant: Approve expenditure from Lexington Nature Trust Fund to
support up to $4500 reimbursement grant if awarded.
Mr. Charlie Wyman presented on behalf of Lexington Living Landscapes and stated that the
Department of Fish and Game announced the Community Biodiversity Grant program in
November 2025. Lexington Living Landscapes is applying for this grant for funds to benefit
Save Lexington Wildlife, local elementary and middle schools, and the native plant nursery. Mr.
Wyman stated that the grant funds total around $20,000. Mr. Wyman also stated that a majority
of the grant money would be spent on education and that $4500 would be used for the purpose of
purchasing native plants, seeds, and seedlings. The grant program is reimbursement based and
the funds would only be utilized from the Nature Trust Fund if their grant application is
approved.
On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call
vote to approve the expenditure of up to $4500 from the Lexington Nature Trust Fund to support
the Community Biodiversity Grant reimbursement if awarded.
Record of Vote as Follows:
Kevin Beuttell — Aye
Duke Bitsko — Aye
Alex Dohan — Aye
Philip Hamilton — Aye
Jason Hnatko — Aye
Ruth Ladd — Aye
Tom Whelan — Aye
Approve Minutes: 12/16/2025
On a motion by Mr. Whelan and seconded by Ms. Dohan, the Commission voted 6-0 by roll call
vote to approve the 12/16/2025 minutes.
Record of Vote as Follows:
Kevin Beuttell — Aye
Duke Bitsko — Aye
Alex Dohan — Aye
Philip Hamilton — Unable to vote due to technical difficulties.
Jason Hnatko — Aye
Ruth Ladd — Aye
Tom Whelan — Aye
Request for Certificate of Compliance: 4 Peacock Farm Rd, DEP #201-1291, OpenGov CNOI-
23-13. COC -25-24
Mr. Kevin Riopelle, project engineer, stated that work has been completed onsite and the site is
fully stable and vegetated. Ms. Mullins stated that the Commission did not require any
monitoring period of the rain garden plantings. Ms. Mullins also stated that she has not been able
to visit the site yet and would like to consult with Mr. Riopelle on differences between the permit
plans and the as -built submitted. Ms. Ladd stated that the Commission can postpone this request
until the next meeting to allow for Ms. Mullins to visit the site and consult with Mr. Riopelle on
the as -built.
Request for Certificate of Compliance: 42 Winthrop Rd, DEP #201-1265, OpenGov CNOI-22-
16, COC -25-20
Ms. Mullins stated that this item was included on the agenda for tracking purposes and will
require follow-up.
Request for Certificate of Compliance: 92 Hill St, DEP #201-1332, OpenGov CNOI-24-24,
CYC -25-21
Ms. Mullins stated that this request is for a Partial Certificate of Compliance and that she has
requested a follow-up from the consultant with additional updates to the as -built plan. Ms.
Mullins also stated that the consultant is working on these updates.
Request for Certificate of Compliance: 9 Fairfield Dr, DEP #201-1319, OpenGov CNOI-24-11,
COC -25-12
Ms. Nicole Ferrara, LEC Environmental, stated that they are awaiting comments from the
Engineering Department regarding the drain installed over the property line. Ms. Ferrara asked if
the Commission would consider issuing a Partial Certificate of Compliance for the work
completed and LEC would return before the Commission if any changes are required from
Engineering for the drain. Ms. Ladd stated that she would prefer to defer the vote until comments
have been received.
Ms. Mullins stated that a portion of the privacy fencing falls over the property line onto
Conservation land into the restoration area and asked if the Commission approves this. Ms.
Mullins stated that if the fencing was moved, it was not updated on the as -built plan. She also
noted that there was an area of wetlands altered and asked for clarification if this was addressed
in the restoration plan. Ms. Ferrara stated that a second round of invasive species removal was
done in that area and seeds were planted in Fall 2025.
Ms. Mullins stated that she has spoken with Town Engineering and that normally the trench
drain and sediment basin being installed in the right of way would not be permitted, however, as
this property is within a cul-de-sac and no work outside of the paved right of way is anticipated
to be done, they will approve the drain as built.
The Commission agreed to issue a Partial Certificate and noted that an updated as -built plan
accurately depicting the new fence location will be required for the issuance of the full
Certificate of Compliance.
On a motion by Ms. Dohan and seconded by Mr. Hamilton, the Commission voted 7-0 by roll
call vote to issue the Partial Certificate of Compliance.
Record of Vote as Follows:
Kevin Beuttell — Aye
Duke Bitsko — Aye
Alex Dohan — Aye
Philip Hamilton — Aye
Jason Hnatko — Aye
Ruth Ladd — Aye
Tom Whelan — Aye
Vote to Issue Order of Conditions: 0 Grove St. DEP #201-1379.OoenGov CNOI-25-32
Ms. Ladd stated that the order will include a condition that an environmental monitor be onsite
for the duration of the project. Ms. Mullins asked if the Commission is satisfied with upstream
riprap being kept as shown on the plan or if a special condition should be included. Mr. Beuttell
stated that the applicant stated in the hearing that once a contractor has been added to the team, a
work plan will be presented to the Commission. Mr. Beuttell suggested that the conditions
include language that the work plan include a reduction of the stone area as much as possible.
On a motion by Mr. Hamilton and seconded by Mr. Beuttell, the Commission voted 7-0 by roll
call vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell — Aye
Duke Bitsko — Aye
Alex Dohan — Aye
Philip Hamilton — Aye
Jason Hnatko — Aye
Ruth Ladd — Aye
Tom Whelan — Aye
Vote to Issue Order of Conditions: 4 Turning Mill Rd, DEP #201-1357, OpenGov CNOI-25-10
Ms. Mullins stated that the conditions to be included for this project would be the standard
conditions issued for residential projects including stormwater and mitigation plantings. Ms.
Mullins stated that an enforcement order has been issued for restoration plantings and there has
been a request from the applicant to begin the restoration plantings after the garage foundation
has been shifted. The Commission agrees with the applicant's request to delay restoration
plantings until the garage foundation has been shifted given the proximity of the garage location
to the restoration area.
On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 7-0 by roll call
vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell — Aye
Duke Bitsko — Aye
Alex Dohan — Aye
Philip Hamilton — Aye
Jason Hnatko — Aye
Ruth Ladd — Aye
Tom Whelan — Aye
Vote to Issue Order of Conditions: 58 Valleyfield St, DEP #201-1373, OpenGov CNOI-25-23
Ms. Mullins stated that the conditions should include the typical three years of restoration
monitoring.
On a motion by Mr. Hamilton and seconded by Mr. Hnatko, the Commission voted 7-0 by roll
call vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell — Aye
Duke Bitsko — Aye
Alex Dohan — Aye
Philip Hamilton — Aye
Jason Hnatko — Aye
Ruth Ladd — Aye
Tom Whelan — Aye
Vote to Issue Order of Conditions: 31 Barberry Rd, DEP #201-1378, OpenGov CNOI-25-29
Ms. Ladd asked if material has been provided documenting the clarification of the previous
misunderstanding between the developer and Town Engineering. Ms. Mullins stated that this
documentation has been uploaded to the record.
On a motion by Mr. Whelan and seconded by Ms. Dohan, the Commission voted 7-0 by roll call
vote to issue the Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell — Aye
Duke Bitsko — Aye
Alex Dohan — Aye
Philip Hamilton — Aye
Jason Hnatko — Aye
Ruth Ladd — Aye
Tom Whelan — Aye
Schedule site visits: 1/27/2026 Meeting
The site visits will be scheduled for Saturday January 24, 2026, 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
None.
7:00 PM New Public Meetings/Hearings
Amended Order of Conditions: 178 Waltham Street
OpenGov Permit# AOOC-25-5, DEP #201-1359
Applicant/Property Owner: Andrew Burns, AD Burns RE LLC
Project: Plan modifications including the expansion of the approved driveway into a circular
driveway with porous asphalt, and the installation of a permeable paver patio within the 100 -foot
buffer zone to Bordering Vegetated Wetlands, on property owned by Betty Chi.
Documentation Submitted:
— Memorandum; To: Karen Mullins, Administrator; From: Frederick W. Russell, PE;
Subject: 178 Waltham Street, DEP File No. 201-1359; CNOI-25-13; Date: 12/16/2025
— Site Plan; Locus: 178 Waltham St, Lexington, MA; Prepared for: Andrew Burns;
Prepared by: Frederick W. Russell, PE; Signed and stamped by: Frederick W. Russell, Jr.
Civil PE No. 36713; Scale: 1" = 20'; Date: 4/8/2025; Last Revised: 11/18/2025
— Stormwater Analysis; Locus: 178 Waltham St, Lexington, MA; Prepared by: Frederick
W. Russell, PE; Signed and stamped by: Frederick W. Russell, Jr. Civil PE No. 36713;
Scale: 1" = 20'; Date: 4/9/2025; Last Revised: 11/21/2025
Mr. Fred Russell, project engineer, presented and stated that the amendment includes the
modification of the driveway to an enlarged and circular driveway constructed out of porous
asphalt. The second change includes a fourteen -foot by twenty -foot permeable paver patio in the
rear yard. Mr. Russell stated that favorable engineering comments have been provided.
Ms. Ladd asked if maintenance plans are typically included for permeable paver patios. Mr.
Russell stated that he has never been required to provide this.
On a motion by Mr. Hamilton and seconded by Ms. Dohan the Commission voted 7-0 by roll
call vote to close the hearing.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Mr. Beuttell and seconded by Ms. Dohan the Commission voted 7-0 by roll call
vote to issue the Amended Order of Conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 229 Bedford Street
OpenGov Permit# CNOI-25-33, DEP #201-1381
Applicant/Property Owner: Rosette Wakanabo
Project: Construction of a second story addition to a single-family dwelling, replacement of the
existing deck and stairs, and installation of a fence within the 200 -foot Riverfront Area and
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: 229 Bedford St, Lexington, MA; Prepared for:
Rosette Wakanabo; Prepared by: Montgomery Kwagala, Stamski and McNary, Inc.;
Date: 12/8/2025
— Notice of Intent; Locus: 229 Bedford St, Lexington, MA; Prepared for: Rosette
Wakanabo; Prepared by: Stamski and McNary, Inc.; Date: 12/10/2025
— Wetland Permitting Plan; Locus: 229 Bedford St, Lexington, MA; Prepared for:
Wakanabo; Prepared by: Stamski and McNary, Inc.; Signed and stamped by: George
Dimakarakos, Civil PE No. 41281, Joseph March, PLS No. 36384; Scale: 1" = 20'; Date:
12/5/2025
— Waiver Request; To: Town of Lexington Conservation Commission; From: Daniel Carr,
Pe, and George Dimakarakos, PE, Stamski and McNary, Inc.; Date: 12/10/2025
Mr. Paul Kirchner, Stamski and McNary, presented and stated that the project includes the
construction of a second story addition to the existing dwelling. Mr. Kirchner stated that there is
a Bordering Vegetated Wetland onsite and a perennial stream is located offsite, placing the
project within the 200 -foot Riverfront Area. Mr. Kirchner also stated that the roof overhang is
modified and does not increase impervious surface on the property as it is proposed over the
existing driveway. There is a deck rebuild proposed as well, also over existing impervious
surface.
Mr. Kirchner stated that the site is within the Zone A flood zone and the team can provide further
information on this if requested. At a nearby property, it was found that the contour interpolation
method was not feasible, however Mr. Kirchner noted that his team found this to be feasible on
this site and has provided this line on the submitted plan.
Ms. Ladd asked where the current edge of vegetation is in relation to the proposed plantings as it
is not shown on the plan. Mr. Kirchner stated that a portion of the wetland is currently cleared
onsite and showed the Commission where the rough edge of vegetation is on the plan. Ms. Ladd
also stated that one of the drains discharges onto the neighboring property in the northern corner
of the site and asked if the debris behind the shed will be removed. Mr. Kirchner stated that this
drain has not been identified as a problem by the property owner or the abutting property owner
and that the applicant is open to removing the shed and debris behind it.
Ms. Dohan asked if the trees in the aerial of the site are along the stream bank. Mr. Kirchner
stated that the trees are along the stream bank. Ms. Dohan noted that the native plants proposed
in this area should be shade tolerant. Ms. Ladd asked if the area behind the fence will be
maintained. The area behind the fence will not be maintained in the future. Mr. Beuttell
suggested that the applicant provide further details on the type of seeding or plants to be
proposed in replacement of the shed to be removed and asked if Feno markers have been
discussed with the applicant. Mr. Kirchner stated that the fence would provide a barrier for the
restoration area and asked for clarification on the Commission's preferred location of Feno
markers.
Ms. Mullins stated that, regarding the neighboring property's finding of the interpolation method
not being feasible, it was determined that this was not suitable due to the topography of the
neighborhood and that a detailed watershed study is important. Fencing is not permitted within
the floodplain below the flood elevation as it results in blockages. Ms. Mullins stated that
additional data supporting Stamski and McNary's findings would need to be submitted for
review. Ms. Ladd stated that the wetland line cannot be certified now due to the snow cover and
that no data sheets were included in the submittal to support the wetland line.
Mr. Hamilton asked what the current stormwater management system is on the property. Mr.
Kirchner stated there are currently no stormwater controls onsite. Mr. Hamilton stated that he
would like the shed to be removed due to the lack of stormwater controls onsite, despite the
argument that there is no increase in impervious surface.
Ms. Lisa Newton, 15 Ledgelawn Ave, stated appreciation for the clarification on the proposed
fence and stated that the fence would not offer much privacy from the bike path as the bike path
is elevated in comparison to the property's yard. Ms. Newton also stated that she would
appreciate the debris removal as the debris extends onto her property as well.
On a motion by Mr. Hnatko and seconded by Ms. Dohan the Commission voted 7-0 by roll call
vote to continue the hearing to 1/27/2026, at the applicant's request.
Record of Vote as Follows:
Kevin Beuttell — Aye
Duke Bitsko — Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 541 Marrett Road
OpenGov Permit# CNOI-25-34, DEP #201-13XX
Applicant/Property Owner: Felipe Cortes and Gabriel Rodriguez Paez
Project: Demolition of existing porches, construction of an addition and covered front porch to a
single-family dwelling, and associated site appurtenances, within the 100 -foot buffer zone from
Bordering Vegetated Wetlands and Bank of an intermittent stream.
Documentation Submitted:
— WPA Form 3 – Notice of Intent; Locus: 541 Marrett Road, Lexington, MA; Prepared for:
Felipe Cortes and Gabriela Rodriguez Paez; Prepared by: Mary Trudeau; Date:
12/15/2025
— Description of Work; Locus: 541 Marrett Road, Lexington, MA; Prepared by: Mary
Trudeau; Not Dated
— Existing Conditions Plan; Locus: 541 Marrett Road, Lexington, MA; Prepared for: Felipe
Cortes; Prepared by: Dillis & Roy; Scale: 1" = 30'; Date: 9/25/2025;
— Notice of Intent Plan; Locus: 541 Marrett Road, Lexington, MA; Prepared for: Felipe
Cortes & Gabriella Rodriguez Paez; Prepared by: Dillis & Roy; Signed and stamped by:
Francis M McPartlan, Civil PE No. 49572; Scale: 1" = 20'; 12/3/2025
Drainage Memorandum; To: Lexington Conservation Commission; Prepared by: Dillis &
Roy; Date: 12/3/2025
— Memorandum: To: Felipe Cortes; From: Mary Trudeau; Subject: Wetlands Delineation at
541 Marrett Road, Lexington, MA; Date: 9/30/2025
*Applicant has requested a continuance of the hearing without testimony from 1-6-2026 to 1-27-
2026
On a motion by Mr. Whelan and seconded by Ms. Dohan the Commission voted 7-0 by roll call
vote to continue the hearing to 1/27/2026, at the applicant's request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
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: 6/24/2025, 7/8/2025, 7/22/2025 (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), 12/16/2025
(no testimony)
Supplemental Documentation Submitted:
— Existing Conditions; Locus: 114 Wood Street, Lexington, MA; Prepared for: Seaver
Properties LLC; Prepared by: Keenan Survey; Signed and Stamped by: Frederick W.
Russell, JR. Civil PE No. 36713, and James Richard Keenan, PLS No. 30751; Date:
8/26/2025; Last Revised: 12/20/2025
Mr. Rich Kirby, LEC Environmental, presented and Mr. Fred Russell, project engineer, was in
attendance. Mr. Kirby stated that an updated plan was provided to address the Commission's
comments from previous hearings and comments from the peer reviewer. Comments on this plan
have since been provided by Ms. Mullins and the project team submitted a revised plan prior to
the meeting start time. Ms. Ladd stated that the revised plan can be presented in this hearing,
however, the hearing cannot be closed until the Commission and the public have had adequate
time to review the revised plan.
Mr. Kirby presented an overview of the site plan consisting of an offsite pond certified as a
vernal pool with a Bordering Vegetated Wetland, an Isolated Vegetated Wetland and two other
Bordering Vegetated Wetlands onsite. Mr. Kirby stated that the Vernal Pool Habitat Boundary
100 -foot Buffer Zone is marked on the plan and is the same buffer zone line to the Isolated Land
Subject to Flooding.
Ms. Ladd stated the grayed -out area presented on the plan should be included as part of the
Vernal Pool Habitat. Mr. Kirby stated that lawn and paved area would not provide the breeding
habitat for animals that use vernal pools. Ms. Dohan agreed with Mr. Kirby that maintained lawn
or paved area is not Vernal Pool Habitat.
Ms. Jenny Stieglitz, 3 Amherst Street, stated that to her understanding, any part of the habitat
buffer zone to a vernal pool that wildlife can live in, is protected.
Ms. Doreen Buchinski, 35 Hayward Ave, stated that the grayed -out area not being considered as
part of the Habitat buffer, is an area that wildlife uses. Mr. Kirby stated that the land is protected
and jurisdictional but does not function as a vernal pool breeding habitat. Mr. Kirby also stated
that the definition of Vernal Pool Habitat notes that it provides essential breeding habitat for
amphibians.
Ms. Mullins stated that the Isolated Land Subject to flooding elevation should be referenced on
the plan and asked if this can be labeled on the plan prior to the next hearing.
On a motion by Mr. Hamilton and seconded by Ms. Dohan the Commission voted 7-0 by roll
call vote to continue the hearing to 1/27/2026, at the applicant's request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
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),
12/16/2025 (no testimony)
Supplemental Documentation Submitted:
— Revised HydroCAD Report; Prepared by: Ronald Tiberi, PE; Date: 12/26/2025
— Project Plans; Locus: 139 Worthen Rd, Lexington, MA; Prepared for: Kevin Halliday;
Prepared by: Ronald Tiberi, PE; Signed and Stamped by: Robert Tiberi, PE No. 34773;
Date: 9/17/2025; Last Revised: 12/6/2025
Mr. Ronald Tiberi, project engineer, presented and Mr. Kevin Halliday, project contractor, was
also present. Mr. Tiberi stated that the test pit data and soil evaluation revealed that the
groundwater table was higher than anticipated and they have redesigned the stormwater system
to get the required 2 -foot separation from the groundwater table.
Ms. Mullins asked for clarification on the comments from the Engineering Department. Mr.
Tiberi stated that the two -foot separation is met and addressed in the details on the submitted
plans. Ms. Mullins noted that conditions included will be related to stormwater management and
the drain connection.
On a motion by Mr. Hamilton and seconded by Ms. Dohan the Commission voted 7-0 by roll
call vote to issue a negative determination with conditions.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
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),
12/16/2025 (no testimony)
Supplemental Documentation Submitted:
— None
*Applicant has requested a continuance of the hearing without testimony from 1-6-2026 to 1-27-
2026
On a motion by Ms. Dohan and seconded by Mr. Hamilton the Commission voted 7-0 by roll
call vote to continue the hearing to 1/27/2026, at the applicant's request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 16 Middleby Road
OpenGov Permit# CNOI-25-30, DEP #201-1382
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.
Previous Hearing Date: 12/16/2025
Supplemental Documentation Submitted:
— Plot Plan; Locus: 16 Middleby Rd, Lexington, MA; Prepared by: Keenan Survey; Date:
12/19/2025
— Site Plan; Locus: 16 Middleby Rd, Lexington, MA; Prepared for: Seaver Construction;
Prepared by: Frederick W. Russell, PE; Signed and Stamped by: Frederick W. Russell,
JR. Civil PE No. 36713; Date: 11/10/2025; Last Revised: 12/19/2025
Ms. Mary Trudeau, Wetlands Consultant, stated that a DEP File number has now been issued.
Ms. Trudeau also stated that the surveyor has used the interpolation method as guided by FEMA
to update the plan with the floodplain elevation.
On a motion by Mr. Beuttell and seconded by Mr. Hamilton the Commission voted 7-0 by roll
call vote to close the hearing.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 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).
Previous Hearing Date: 12/16/2025
Supplemental Documentation Submitted:
— Wetland Permitting Plan; Locus: 28 Hathaway Rd, Lexington, MA; Prepared for
Lespasio; Prepared by: Stamski and McNary, Inc.; Date: 11/24/2025; Last Revised:
12/24/2025
— Revision Letter: Wetland Permitting Plan; To: Conservation Commission; From:
Mongomery Kwagala, and George Dimakarakos, Stamski and McNary. Date: 12/24/2025
Mr. Paul Kirchner, Stamski and McNary, presented and stated that revised plans have been
submitted to include Feno markers, a restoration area, and some trees previously proposed for
removal are now going to remain onsite. Mr. Kirchner also stated that the Engineering
Department has provided comments regarding the stormwater report and the applicant is
requesting a continuance for time to address these comments.
Ms. Ladd asked if there will be plantings including seed mix downslope of the Feno markers.
Seed mix is proposed for planting in this area.
On a motion by Mr. Hnatko and seconded by Ms. Dohan the Commission voted 7-0 by roll call
vote to continue the hearing to 1/27/2026, at the applicant's request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Ms. Dohan stated that she will be moving out of Town in late May or mid-June and will be
stepping down as a Commission Member. The Commission will also need a new liaison for the
Greenways Corridor Committee after Ms. Dohan steps down.
On a motion by Mr. Hamilton and seconded by Mr. Beuttell, the Commission voted 7-0 by roll
call vote to adjourn the meeting.
Record of Vote as Follows:
Kevin Beuttell — Aye
Duke Bitsko — Aye
Alex Dohan — Aye
Philip Hamilton — Aye
Jason Hnatko — Aye
Ruth Ladd — Aye
Tom Whelan — Aye
Respectfully Submitted,
Megan Downer
LUHD Department Assistant
Approved: 1/27/2026
Archived: 1/30/2026