HomeMy WebLinkAbout2026-01-27-ConCom-min.pdf
Meeting broadcasted by LexMedia
PUBLIC MEETING MINUTES
Conservation Commission
___________________________________________________________________________
AGENDA Tuesday, January 27th, 2026, 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 7:06pm), Alexandra Dohan
(left at 7:30pm), Philip Hamilton, Ruth Ladd (Chair), Jason Hnatko, and Thomas Whelan;
Associate Commissioner present: Tom Olivier
Staff Present: Megan Downer, Department Assistant; Not Present: Karen Mullins, Conservation
Director;
6:30 PM New Business/Pending Matters
Ms. Ladd noted that Monday February 2nd is World Wetland Day.
Approve Minutes: 1/6/2026
On a motion by Mr. Hamilton and seconded by Mr. Whelan, the Commission voted 6-0 by roll
call vote to approve the 1/6/2026 minutes.
Record of Vote as Follows:
Kevin Beuttell – Aye
Alex Dohan – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
*Commissioner Duke Bitsko joined the meeting at 7:06pm.
Request for Certificate of Compliance: 468 Marrett Rd, DEP #201-427, BL #382, OpenGov
COC-26-1
Mr. David Robinson, Allen and Major Associates, presented and stated that the Order of
Conditions from 1998 was permitted for the construction of an addition and installation of a
small subsurface infiltration system and had not been closed. Mr. Robinson stated that there are
new owners of this property that are not permitting anyone onsite to review for compliance, but
for the purpose of clearing the Title, this permit needs to be closed. Mr. Robinson also stated that
he reviewed the site from the street view and was able to see the addition was completed and
there is a mound onsite marking where the infiltration system was installed. Mr. Bitsko asked
how the Commission is able to close this permit given the site is covered in two feet of snow and
permission is not granted to come onsite. Ms. Ladd noted that this information will be relayed to
the Conservation Director Karen Mullins to seek advice on next steps.
Request for Certificate of Compliance: 4 Peacock Farm Rd, DEP #201-1291, OpenGov CNOI-
23-13, COC-25-24
Ms. Ladd stated that this item will be postponed until the next meeting in order to receive follow-
up.
Request for Certificate of Compliance: 92 Hill St, DEP #201-1332, OpenGov CNOI-24-24,
COC-25-21
Ms. Ladd stated that the Conservation Director, Karen Mullins, has not had time to review
updates to this request and to advise if this site is in compliance.
Vote to Issue Order of Conditions: 16 Middleby Rd, DEP #201-1382, OpenGov CNOI-25-30
Ms. Ladd stated that the order will include a condition that Feno bounds are to be installed. Ms.
Downer stated that the Commission also discussed including a condition for seed mix to be
installed where the shed is to be removed.
On a motion by Ms. Dohan 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
Schedule site visits: 2/10/2026 Meeting
The site visits will be scheduled for Saturday February 7, 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
Ms. Downer provided an update on Conservation Department staffing and stated that Mason
Bunker has joined the department as the Conservation Regulatory Aide.
7:00 PM New Public Meetings/Hearings
Notice of Intent: 475 Bedford Street
OpenGov Permit# CNOI-25-35, DEP #201-1383
Applicant/Property Owner: Essek Petrie, Pulte Homes of New England
Project: Demolition of the existing buildings onsite, construction of three multi-family residential
buildings and parking lot, landscaping, trail connection, wetland replication, and associated site
appurtenances, within Bordering Vegetated Wetlands and Isolated Vegetated Wetlands and
within the 100-foot Buffer Zone from Bordering Vegetated Wetlands and Isolated Vegetated
Wetlands.
Documentation Submitted:
WPA Form 3 – Notice of Intent; Locus: 475 Bedford St, Lexington, MA; Prepared for:
Essek Petrie, Pulte Homes of New England; Property Owner: Cresset Lexington, LLC;
Prepared by: Scott Morrisson, VHB; Date: 12/17/2025
Fieldside at Lexington Project: Notice of Intent Application; Locus: 475 Bedford St,
Lexington, MA; Prepared for: Pulte Homes of New England; Prepared by: VHB; Date:
December 2025
Site Plans: Issued for Site Plan Review; Locus: 475 Bedford St, Lexington, MA;
Prepared for: Pulte Homes of New England; Prepared by: VHB; Signed and Stamped by:
Peter T. Mara, Civil PE No. 53807; Date: 12/5/2025; Revised: 12/22/2025
Site Plans: Issued for Notice of Intent; Locus: 475 Bedford St, Lexington, MA; Prepared
for: Pulte Homes of New England; Prepared by: VHB; Signed and Stamped by: Peter T.
Mara, Civil PE No. 53807; Date: 12/1/2025
Stormwater Report; Locus: 475 Bedford St, Lexington, MA; Prepared for: Pulte Homes
of New England; Prepared By: VHB; Date: 12/1/2025; Revised: 12/22/2025
Preliminary Geotechnical Engineering Report; Locus: 475 Bedford St, Lexington, MA;
Prepared for: Pulte Homes of New England, LLC; Prepared by: Sanborn Head;
Revised: 7/9/2024
Stormwater Management System Operations and Maintenance Manual; Locus: 475
Bedford St, Lexington, MA; Prepared for: Pulte Homes of New England; Prepared By:
VHB; Date: December 2025
Site Photographs; Locus: 475 Bedford St, Lexington, MA; Prepared for: Pulte Group,
Inc.; Dates: 4/20/2021 and 4/26/2021
Mr. Hamilton stated that he will be recusing himself from the discussion and from voting on this
hearing as he is a direct abutter.
Mr. Scott Morrison, VHB, presented and stated that there is an existing Boston Sports Club on
the site which is proposed for demolition. Mr. Morrison stated that the proposal includes 3 four-
story buildings with a total of 150 units and includes a trail connection to connect Simond’s
Brook Trail to Bedford Street. An Order of Resource Area Delineation was issued by the
Commission for this site. Mr. Morrison also presented the Wetland Buffer Zone plan to note the
site has a significant number of existing structures and site features that fall within the 25 and 50-
foot buffer zones. There is a proposed impact to the Bordering Vegetated Wetland onsite and the
Isolated Vegetated Wetlands onsite. Mr. Morrison stated that greater than 2:1 mitigation is
proposed for this project including wetland replication and a detailed replication plan has been
submitted to the record. The landscaping plan includes removal of a large portion of pavement to
be removed, and the area is proposed to be restored into a meadow.
Ms. Dohan stated that the proposed plants are native and appropriate for this site. Ms. Dohan
also noted that the proposed erosion control includes straw wattles and that the Town requires
compost socks for erosion control. Mr. Morrison stated that they will update the proposal
accordingly.
Mr. Beuttell asked who the party responsible for the Operation and Maintenance plan will be.
Mr. Morrison stated that this will likely be the management company for the Condo Association.
Mr. Beuttell stated the Operation and Maintenance plan should be updated to directly state that
and asked what the project status is with any other Town board or commission. The applicant
filed with the Planning Board and has had the project presented in a Planning Board meeting and
the hearing is ongoing to ensure any requests from the Conservation Commission are considered
as well.
Mr. Bitsko asked if significant site features can be staked onsite such as the edge of the proposed
parking lot, the proposed building, the existing parking lot edge, etc. Mr. Morrison stated that the
site has been staked already for the previous Planning Board site walk and they will ensure the
stakes are visible for the Commission’s site visit. Mr. Essek Petrie, Pulte Homes, stated that
proposed parking lot edge is painted on the existing parking lot and there is a line of existing
lights that falls on the same line of the proposed parking lot edge. Mr. Bitsko also asked what the
proposed height of the residential buildings is. Mr. Petrie stated that the proposed height is
estimated to be fifty-one feet and a few inches and will be under the maximum allowed height of
fifty-two feet. Mr. Bitsko also asked if the seed mix proposed for the wetland replication area can
be replaced with plugs for increased odds of survivability and earlier success. He also asked for
confirmation that the infiltration system onsite will meet the requirement for two-foot separation.
Mr. Morrison confirmed that the proposed systems will meet this requirement and that
documentation has been provided to show this has been met.
Ms. Downer stated that GCG has been assigned to peer review this project and Mike Carter from
GCG was present in the hearing to address any comments.
Ms. Ladd asked if a lighting study has been completed for this project to review impacts on the
existing and proposed wetlands and if the lighting would shine into the wetlands. Mr. Morrison
stated that a shade study has been completed and any shadowing would only occur in the winter
and this study can be provided for the Commission. Mr. Dale Horsman, VHB, stated that the
shadow study and photometric plan were submitted to the Planning Board and can be shared
with the Commission as well. Mr. Horsman also stated that the lighting is hooded and will meet
all Town regulations. Ms. Ladd also asked if the proposed meadow will be a pollinator meadow
and stated that a pollinator meadow would be preferred by the Commission. The meadow
specifics still need to be provided to the Commission and Mr. Morrison will confirm with the
landscaper on what is to be proposed. Mr. Petrie noted that the Planning Board discussed the
meadow area being open for recreational use and the project team will need to review the options
for shared use of this area.
Ms. Ladd suggested that shrubs should be planted in the Eversource easement instead of trees
because any trees may be cut by Eversource. She also asked how maintenance would be
performed on building three without impacting the 25-foot buffer zone. Mr. Morrison stated that
they will consider this further. Ms. Ladd also asked if there is proposed disturbance in the
wetlands at the outfalls on the plan. The outfalls are pulled back from the limit of the parking lot
and the limit of work line juts out to account for grading to direct the drainage towards the
wetland. Mr. Peter Mara, VHB, noted that Eversource and Kinder Morgan, the owners of the
easements onsite, require the utilities be installed perpendicular to the electrical lines and limit
the number of utility crossings and the placement of these. Ms. Ladd asked if the pipe on the east
side of the site would be abandoned. Mr. Mara stated that anything within the pavement limits is
proposed to be removed and anything within the wetland limits on the eastern edge will be
abandoned in place to prevent further wetland impact.
Mr. Bitsko asked if permanent signage for the meadow could be included onsite noting that the
area is restored and provide education regarding the value of the restored area.
Ms. Ladd stated that a letter has been provided by abutters with concerns for the Operation and
Maintenance plan.
Ms. Doris Wong, 12 Drummer Boy Way and member of the Drummer Boy Homes Board of
Directors, stated that the board submitted a letter to the Planning Board including concerns that
the shadow study does not accurately depict the surroundings and does not include a scale, and
asked if the Operation and Maintenance (O&M) plan is enforceable by the Conservation
Commission. The O&M plan is enforceable by the Commission.
On a motion by Mr. Beuttell and seconded by Mr. Bitsko the Commission voted 5-0 by roll call
vote to continue the hearing to 2/10/2026, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Abstain
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
*Commissioner Alex Dohan left the meeting during this hearing and did not vote.
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), 1/6/2026
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: 1/6/2026
Mr. Rich Kirby, LEC Environmental, presented and Mr. Fred Russell, project engineer, was in
attendance. Mr. Kirby stated that a new version of the plan has been submitted with updated
color coding. Mr. Kirby presented the updated plan, provided an overview of the resource areas
and associated buffer zones, and noted that the latest plan is the same plan as previously
submitted and the only changes included are color coding of the buffer zones and resource areas.
Ms. Ladd said the Vernal Pool Buffer line should not be the same line as the 100-foot Buffer
Zone near Wetland Flag I-10. Mr. Kirby stated that Ruth is correct and the plans can be updated
to reflect this. Mr. Kirby also briefly explained the differences in definition of the resource area
of Isolated Wetlands versus Bordering Vegetating Wetlands, as requested by Mr. Bitsko. Ms.
Ladd asked that the legend be updated to specify which resource areas are bylaw only.
Ms. Margie Brown, Integrated Resources Program Manager at Minuteman National Historical
Park, stated that the proposed development is within the administrative boundary of the Park and
the Minuteman National Historic District. Ms. Brown also expressed concern about the
importance of the resource areas onsite including Lost Pond, the vernal pool onsite. Ms. Ladd
noted that the Commission is currently only reviewing and confirming the jurisdictional areas
onsite and is not reviewing the proposed development through this hearing.
Ms. Janet Lane, 21 Hayward Ave, read a prepared statement that has been submitted to the
public record regarding the importance of the vernal pool onsite and stated that she is a Pre-
school teacher and has visited the vernal pool for many years, collecting and studying tadpoles
and salamanders. Ms. Lane asked if it has been confirmed whether the pavement and lawn area
would be included or excluded from the Vernal Pool Habitat. Mr. Kirby stated that the state
regulations exclude pavement and lawn areas from Vernal Pool Habitat and cited the Wetlands
Protection Act 310 CMR 10.57 and 310 CMR 10.58 for confirmation of these regulations.
On a motion by Mr. Hamilton and seconded by Mr. Whelan the Commission voted 6-0 by roll
call vote to continue the hearing to 2/10/2026, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – 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 Dates: 10/28/2025, 11/10/2025 (no testimony), 11/25/2025 (no testimony),
12/16/2025 (no testimony), 1/6/2026 (no testimony)
Supplemental Documentation Submitted:
Stormwater Management Report; Locus: 26 Watertown St, Lexington, MA; Prepared for:
Checkmate Real Estate Group; Prepared by: Land Design Collaborative; Signed and
Stamped by: Michael J. Scott, Civil PE No. 40863; Date: January 2026
Engineering Comments; 1/22/2026
The applicant has requested a continuance without testimony to the 2/10/2026 meeting.
On a motion by Mr. Beuttell and seconded by Mr. Hnatko the Commission voted 6-0 by roll call
vote to continue the hearing to 2/10/2026, at the applicant’s request.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – 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 Dates: 12/16/2025, 1/6/2026
Supplemental Documentation Submitted:
Revision Letter: Wetland Permitting Plan; To: Conservation Commission; From: Paul
Kirchner, and George Dimakarakos, Stamski and McNary. Date: 1/16/2026
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: 11/7/2025; Revised: 1/16/2026
Wetland Permitting Plan; Locus: 28 Hathaway Rd, Lexington, MA; Prepared for
Lespasio; Prepared by: Stamski and McNary, Inc.; Date: 11/24/2025; Revised:
12/16/2025, 12/24/2025 and 1/16/2026
Mr. Paul Kirchner, Stamski and McNary, presented and stated that the plans have been updated
to address comments from the engineering department about the stormwater management
proposed. Mr. Kirchner stated that the stormwater system has been modified and soil testing has
been done onsite. Mr. Kirchner also stated that a small layer of fill was found onsite and there is
sand underneath the fill. The Engineering Department provided a positive report prior this
hearing.
On a motion by Mr. Hnatko and seconded by Mr. Hamilton the Commission voted 6-0 by roll
call vote to close the hearing.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – 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).
Previous Hearing Date: 1/6/2026
Supplemental Documentation Submitted:
BFE Sketch Plan; Locus: 229 Bedford St, Lexington, MA; Prepared for: Wakanabo;
Date: 1/9/2026
Revision Letter: Wetland Permitting Plan; To: Conservation Commission; From: Paul
Kirchner, and George Dimakarakos, Stamski and McNary. Date: 1/20/2026
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; Revised: 1/20/2026
Mr. Paul Kirchner, Stamski and McNary, presented and stated that the previously proposed fence
has been removed from the plans, Feno markers are proposed along the limit of work line, a new
England wet mix is proposed to seed the mitigation planting area, and the shed within the
wetlands and debris surrounding this will be removed. Mr. Kirchner also stated that a crushed
stone trench is proposed as well to prevent erosion onsite. The contour interpolation method was
used to determine the floodplain elevation onsite as 173.5.
Ms. Ladd asked if the area in which the shed is to be removed will be seeded. Mr. Kirchner noted
that this area will be seeded. Ms. Ladd noted that the Commission will not approve the
floodplain line through this application.
Mr. Beuttell asked if data sheets have been provided and if there Feno markers are proposed to
have any specific writing on them. Ms. Ladd stated that the Commission will not be verifying the
wetland line through this application as there is no additional work being done on the ground and
that the Feno markers should state “do not disturb”.
On a motion by Mr. Hamilton 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
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
Notice of Intent: 541 Marrett Road
OpenGov Permit# CNOI-25-34, DEP #201-1384
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.
Previous Hearing Date: 1/6/2026 (no testimony)
Supplemental Documentation Submitted:
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; Revised:
1/19/2026
Drainage Memorandum/Updated HydroCAD report; To: Lexington Conservation
Commission; Prepared by: Dillis & Roy; Date: 1/19/2026
Ms. Mary Trudeau, Wetlands Consultant, presented and stated that the proposal includes the
construction of an addition and that the existing house and landscaping are not complying with
the Town’s current regulations. The hot tub and gazebo onsite fall within the 25-foot no disturb
buffer zone and a portion of the existing deck and patio is within the 50-foot buffer zone. Ms.
Trudeau stated that the proposal includes removal of the existing hot tub and deck and
construction of an addition on the rear of the dwelling, with a portion of the addition falling
within the 50-foot buffer zone. Ms. Trudeau noted that the stormwater management will
improve current flooding conditions onsite and that a positive engineering letter has been
provided from Town Engineering. A fence is proposed along the restoration area as well.
On a motion by Mr. Beuttell and seconded by Mr. Hamilton the Commission voted 6-0 by roll
call vote to close the hearing.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
On a motion by Mr. Hnatko and seconded by Mr. Hamilton, the Commission voted 6-0 by roll
call vote to adjourn the meeting.
Record of Vote as Follows:
Kevin Beuttell – Aye
Duke Bitsko – Aye
Philip Hamilton – Aye
Jason Hnatko – Aye
Ruth Ladd – Aye
Tom Whelan – Aye
8:35pm
Respectfully Submitted,
Megan Downer
LUHD Department Assistant
Approved: 2/24/2026
Archived: 3/2/2026