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HomeMy WebLinkAbout2026-03-31-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, March 31st, 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: Duke Bitsko, Alexandra Dohan, Philip Hamilton, Jason Hnatko, Ruth Ladd (Chair), and Thomas Whelan; Not present: Kevin Beuttell Associate Commissioner present: Tom Olivier Staff Present: Karen Mullins, Conservation Director, Megan Guardado (Downer), Department Assistant, and Evan Paige, Assistant Conservation Director; 6:30 PM New Business/Pending Matters Approve Minutes: 2/24/2026 On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to approve the 2/24/2026 minutes. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 37 Barberry Road, DEP #201-651, BL 609, OpenGov COC-26-5 Ms. Mullins stated that the site is in compliance with the previously approved as-built plan and engineer’s certification. On a motion by Mr. Hamilton and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 8 Blueberry Ln, DEP #201-1315, OpenGov CNOI-24-7, COC-26-2 (after Amended Order request hearing) This item was addressed during the Hearing for the Amended Order of Conditions for this property. Request for Certificate of Compliance: 560 Concord Ave, DEP #201-1344, OpenGov CNOI-24- 38, COC-26-3 (after Amended Order request hearing) This item was addressed during the Hearing for the Amended Order of Conditions for this property. Schedule site visits: 4/14/2026 Meeting The Commission will visit 114 Wood Street on Tuesday April 21st at 6pm for the upcoming Notice of Intent application. The rest of the site visits will be scheduled for Saturday April 11, 2026, starting at 9:30am. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Enforcement Updates, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee Ms. Mullins introduced the Commission to the newest Conservation Department staff members, Evan Paige, Assistant Conservation Director, and Mason Bunker, Conservation Regulatory Aide. Mr. Paige stated that the City Nature Challenge for 2026 is taking place from the 24th to the 27th of April. The Conservation Department is working with Lexington Living Landscapes to host three events for the City Nature Challenge. Mr. Paige stated that Steward Barbara Katzenberg will be hosting a virtual iNaturalist training as the first event and leading a walk at Dunback Meadow on April 26th. Mr. Paige will lead another walk at Paint Mine on Saturday April 25th. Ms. Mullins stated that staff have visited 1367 Massachusetts Ave for construction monitoring and found erosion controls have been disturbed, debris was scattered around the site, and the seed mix has not yet been placed in the restoration area. This site had an enforcement order issued for unpermitted filling and the fill has since been removed. Staff have also visited 2 Village Circle for monitoring the progress on remediating the enforcement order. Ms. Mullins stated that plantings have been installed onsite and all that remains is the monitoring of survivability of the plantings. Staff conducted a monitoring site visit at 843 Emerson Gardens Road. Ms. Mullins stated that this site also has installed all restoration planting and that monitoring reports for the restoration plantings still need to be completed. LEC Environmental Consultants have been contracted for both sites and Mr. Rich Kirby stated that they will verify if they are completing the monitoring reports for these sites or if the owners have contracted landscape architects for this purpose. Mr. Whelan provided follow-up on the Eversource Vegetation Management Plan (VPM) discussed in the previous hearing. Mr. Whelan stated that he has identified one area that Eversource should not use herbicides on and asked if the Commission could ask Eversource not to use herbicide treatments and only use mechanical methods to remove plants. Ms. Mullins stated they can ask this when the five-year VPM review is up for public comment again. 7:00 PM New Public Meetings/Hearings Amendment to Order of Conditions: 8 Blueberry Lane OpenGov Permit# AOOC-26-2, DEP #201-1315 Applicant/Property Owner: DND Homes LLC Project: Plan modifications including a slight shift to the location of the dwelling, adjustments to the roof overhang, and inclusion of three window wells and two A/C pads on a gravel base within the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted: ⎯ Amended Order of Conditions Request; Locus: 8 Blueberry Lane, Lexington, MA; To: Lexington Conservation Commission; From: Richard A. Kirby, LEC Environmental Consultants, Inc.; Date: 3/10/2026 ⎯ AOOC Site Plan; Locus: 8 Blueberry Lane, Lexington, MA; Prepared by: Patriot Engineering; Prepared for: DND Homes Development; Stamped and signed by: Michael J. Novak, Civil PE No. 50696; Date: 3/5/2026; Mr. Richard Kirby, LEC Environmental, presented and Mr. Ender Saricay, DND Homes, and Mr. Michael Novak, Patriot Engineering, were also present. A request for a Partial Certificate of Compliance was first applied for and through this request the Commission found the roof area was built closer than approved in the Order of Conditions and there was a lack of monitoring report information provided. The Commission requested an Amended Order of Conditions be filed for approval of the changes made onsite. Mr. Kirby stated that the contractor has trimmed the corners of the roof to match the previously approved setbacks, lawn area that was created closer to the restoration area has been trimmed by a foot and a half and the previously approved seed mix has been installed in this area. Mr. Kirby also stated that the burning bush onsite will be removed and that the shrubs and small tree stumps cut near the burning bush and that DND confirms that this cutting was done prior to them purchasing the property. Mr. Kirby also noted that LEC has created monitoring and Certificate of Compliance checklists to help streamline their reports and ensure all sites they are contracted to are in compliance with the Commission’s regulations. Ms. Ladd asked if the stone caps surrounding the window wells are considered impervious. Mr. Kirby stated that these are not typically included in the roof area calculations. Mr. Olivier asked why some boxes were not checked on the provided checklist. Mr. Kirby stated that the lawn edge shown on the previous plan was not confirmed due to the snow at that time. The snow has since melted and they have returned to the site and confirmed the lawn edge was past the approved edge and has been remedied since. On a motion by Mr. Bitsko and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye On a motion by Ms. Dohan and seconded by Mr. Whelan the Commission voted 6-0 by roll call vote to issue the Amended Order of Conditions. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Mr. Kirby stated that the mitigation plantings have been installed onsite and that LEC will monitor the survivability of the plantings. The partial certificate of compliance has been requested at this time since all plantings have been installed and work has been completed onsite. On a motion by Mr. Hamilton and seconded by Ms. Dohan, the Commission voted 6-0 by roll call vote to issue the Partial Certificate of Compliance. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Amendment to Order of Conditions: 560 Concord Ave OpenGov Permit# AOOC-26-3, DEP #201-1344 Applicant/Property Owner: Sreeprakash Narayanan and Padmapriya Jagannathan Project: Plan modifications including an increase to the approved deck and roof overhang footprint, a shift in the location of the deck stairs, installation of pervious pavers below the deck instead of the approved stone, and installation of steps from the patio to the lawn, and window well, within the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted: ⎯ Amended Order of Conditions Request; Locus: 560 Concord Ave, Lexington, MA; To: Lexington Conservation Commission; From: Richard A. Kirby, LEC Environmental Consultants, Inc.; Date: 3/10/2026 ⎯ AOOC Site Plan; Locus: 560 Concord Ave, Lexington, MA; Prepared by: Patriot Engineering; Prepared for: Sreeprakash Narayanan; Stamped and signed by: Michael J. Novak, Civil PE No. 50696; Date: 3/6/2026; ⎯ Riverfront Area & Buffer Zone Restoration Planting Plan; Locus: 560 Concord Ave, Lexington, MA; Prepared by: LEC; Date: 11/24/2024; Revised: 3/4/2026 ⎯ Stormwater Report; Locus: 560 Concord Ave, Lexington, MA; Prepared by: Patriot Engineering; Date: 3/17/2026 ⎯ Supplemental Mitigation Planting Plan; Locus: 560 Concord St, Lexington, MA; Prepared by: LEC Environmental Consultants, Inc.; Date: 3/19/2026 Mr. Richard Kirby, LEC Environmental, presented and Mr. Michael Novak, Patriot Engineering, and Mr. Sreeprakash Narayanan, owner of 560 Concord Ave, were also present. Mr. Kirby stated that an addition was permitted and approved through the Notice of Intent and that the roof overhang was built to be 190 square feet longer than the approved roof overhang. Mr. Kirby also stated that the deck was built larger with a pervious paver patio built beneath the deck. Mr. Novak confirmed through testing that the patio is pervious and that the stormwater infiltration system installed was sized appropriately to accommodate the changes that were made onsite. Mr. Kirby stated that there is an outstanding planting issue and at this time they will not be requesting the partial certificate of compliance until the restoration area is cleaned up and the seed mix has been re-applied. Ms. Mullins stated that revised stormwater calculations have been provided and that the engineering department has not provided comments yet. Mr. Michael Novak, Patriot Engineering, stated that the system calculations have been unchanged. On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to continue the hearing to 4/14/2026, at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Continued Public Meetings/Hearings Notice of Intent: 251 Waltham Street (Lexington High School) OpenGov Permit# CNOI-26-4, DEP #201-1387 Applicant/Property Owner: Michael Cronin, Town of Lexington School Building Committee Project: Demolition of the existing high school building, athletic fields and parking lot, construction of a new school building, athletic fields, parking lot, landscaping, and associated site appurtenances, within the 100-foot buffer zone to Bordering Vegetated Wetlands, Isolated Land Subject to Flooding and Isolated Vegetated Wetlands. Previous Hearing Date: 2/24/2026, 3/10/2026 Supplemental Documentation Submitted: ⎯ Notice of Intent Hearing – 2/24/2026 Presentation Slides ⎯ Notice of Intent Hearing 2 – 3/10/2026 Presentation Slides *Applicant has requested a continuance of the hearing without testimony from 3-31-2026 to 4- 14-2026 On a motion by Mr. Whelan and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to continue the hearing to 4/14/2026, at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 328 Lowell Street OpenGov Permit# CNOI-26-1, DEP #201-1385 Applicant/Property Owner: Melissa Battite, Town of Lexington Project: Construction of a natural grass athletic field, ADA accessible walkways, stormwater improvements and associated site appurtenances within locally regulated Isolated Vegetated Wetland (IVW) and within the 100-foot buffer zone from Bordering Vegetated Wetlands and from the IVW. Previous Hearing Dates: 2/10/2026, 2/24/2026 (no testimony), 3/10/2026 Supplemental Documentation Submitted: ⎯ Response to Conservation Comments, Memorandum; To: Town of Lexington Conservation Commission; From: Ben McDonough, Activitas; Date: 3/20/2026 ⎯ Bid Documents: Sheet L4.1, “Planting Plan”, Sheet L5.4, “Detail Sheet IV”; Locus: Maple Street Fields, Lexington, MA; Prepared by: Activitas; Date: 3/19/2026; Revised: 3/20/2026 Mr. Ben McDonough, Activitas, presented, and Ms. Meg Buczynski, Activitas, was also present. Mr. McDonough stated that wetland replication is proposed onsite as mitigation for the proposed filling of an Isolated Wetland onsite. Activitas has met with the Commission on site to review two potential spots for the replication; however, a different site was selected during the site visit Mr. McDonough stated that 2,500 square feet of wetland replication will occur closer to the Isolated Wetland that is to be filled as this area was found to be better suited for replication. Mr. McDonough also stated that planting plugs are proposed in the wetland replication area and are to be applied in a grid-like system. There are eleven native trees proposed to be planted around the site as well. Ms. Ladd asked if the planting list could be provided and asked that white pine trees not be included in the plantings. The Commission will include a condition in the Order that the planting list be provided. Ms. Buczynski stated that at least six oak trees and other deciduous trees from the Town planting list will be planted. Mr. Bitsko asked if a condition can be included to allow pruning the mature trees by the edge of the grading to provide better light coverage. Ms. Buczynski stated that Activitas would be amenable to this condition. Mr. Olivier asked if fencing is proposed around the playing fields to prevent users from entering the Wetlands. Mr. McDonough noted that 20-foot ball netting is to be installed uphill from the Wetland Replication site and all along the field. On a motion by Mr. Hamilton and seconded by Ms. Dohan the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye On a motion by Mr. Hamilton and seconded by Ms. Dohan the Commission voted 6-0 by roll call vote to issue the Order of Conditions. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 118 Kendall Road OpenGov Permit# CNOI-26-2, DEP #201-1388 Applicant/Property Owner: Thamara Martins, CNT Property Improvements Corp. Project: Construction of two rear additions, a rear balcony, a patio, and front porch to a single- family dwelling, and associated site appurtenances, within the 200-foot Riverfront Area, Bordering Land Subject to Flooding, the 100-foot buffer zone from Inland Bank and Bordering Vegetated Wetlands and the 100-foot buffer zone from Bordering Land Subject to Flooding (Local Code). Previous Hearing Date: 2/24/2026, 3/10/2026 (no testimony) Supplemental Documentation Submitted: ⎯ Engineering Comments; To: Karen Mullins; From: Marissa Martel; Date: 3/13/2026 ⎯ Plan Set: Sheet C-0, “Title Sheet & General Notes”; Sheet C-1, “Site Preparation & Proposed Site Plan”, Sheet C-2, “Civil Details”; Locus: 118 Kendall Rd, Lexington, MA; Prepared for: CNT Property Improvement Corp.; Prepared by: Boston Civil; Stamped and Signed by: Kevin A. Quetti, Civil PE No. 55455; Date: 1/20/2026; Last Revised: 3/6/2026 Ms. Debbie Anderson, Wetlands Consultant, presented and Mr. Adam Cislo, Boston Civil, was also present. Ms. Anderson stated that a planting plan has been submitted including the locations of the plantings and a table of the species to be planted. Feno markers are proposed along the 25- foot buffer zone, and the lawn within the remainder of the 25-foot buffer zone is proposed to be removed and a native seed mix is to be planted there. Ms. Ladd stated that Feno markers should follow the existing vegetation every ten to fifteen feet on the northern side of the property and this can be included as a condition in the Order. On a motion by Mr. Hamilton and seconded by Ms. Dohan the Commission voted 6-0 by roll call vote to close the hearing. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 131 Hartwell Avenue OpenGov Permit# CNOI-26-3, DEP #201-1386 Applicant/Property Owner: JLB Realty LLC Project: Demolition of the existing building onsite, construction of a multi-family residential building and parking garage, landscaping, and associated site appurtenances, with portions of the project within the 100-foot buffer zone to Bordering Vegetated Wetlands. Previous Hearing Date: 2/24/2026, 3/10/2026 (no testimony) Supplemental Documentation Submitted: ⎯ Hartwell Ave Residences Plan Set: Sheet C1.00, “Legend and General Notes”, Sheet C2.00, “Site Preparation Plan’, Sheet C3.00, “Layout and Materials Plan”, Sheet C4.00, “Grading and Drainage Plan”, Sheet C5.00, “Utility Plan”, Sheet C6.01, “Site Details”, Sheet C6.02, “Site Details”, Sheet C6.03, “Site Details”, Sheet C6.04, “Site Details”, Sheet C6.05, “Site Details”, Sheet C7.00, “Emergency Access Plan”, Sheet C8.00, “Site Analysis Plan”; Locus: 131 Hartwell Ave, Lexington, MA; Prepared for: JLB Realty LLC; Prepared by: Architect Embarc; Signed and Stamped by: Nicholas J. Skoly, Civil PE No. 52677; Date: 1/23/2026; Revised: 3/23/2026 ⎯ NJCAT Technology Verification; Contech Engineered Solutions, LLC; Date: November 2019; Amended Table A-1: August 2020 ⎯ Stormwater Management Report; Locus: 131 Hartwell Ave, Lexington, MA; Prepared for: JLB Realty LLC; Prepared by: VHB; Date: January 2026; Revised: March 2026 ⎯ Memorandum: Response to Peer Review Letter; To: Karen Mullins, Conservation Director, and Lexington Conservation Commission; From: Nick Skoly, VHB; Date: 3/23/2026 *Applicant has requested a continuance of the hearing without testimony from 3-31-2026 to 4- 14-2026 On a motion by Mr. Whelan and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to continue the hearing to 4/14/2026, at the applicant’s request. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye On a motion by Ms. Dohan and seconded by Mr. Hamilton, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Duke Bitsko – Aye Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 7:50pm Respectfully Submitted, Megan Downer LUHD Department Assistant Approved: 4/14/2026 Archived: 4/16/2026