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Home My WebLink About2026-04-28-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, April 28th, 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: Alexandra Dohan, Philip Hamilton, Jason Hnatko, Ruth Ladd (Chair), and Thomas Whelan; Not Present: Kevin Beuttell Associate Commissioner present: Tom Olivier Staff Present: Megan Guardado (Downer), Department Assistant, and Evan Paige, Assistant Conservation Director; Not Present: Karen Mullins, Conservation Director 6:30 PM New Business/Pending Matters Agricultural License Renewal: Hayden Woods and Waltham Street (1/26/26 to 12/31/27) Ms. Ladd noted that she provided edits for the license agreements to be made before signing. On a motion by Mr. Hamilton and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to renew the agricultural license agreements for Hayden Woods and Waltham Street until December 31, 2027, and designate Ruth Ladd to sign the license agreements on behalf of the Commission. Record of Vote as Follows: Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Vote to Issue Amended Order of Conditions: 560 Concord Ave, DEP #201-1344, OpenGov AOOC-26-3 Ms. Ladd stated that the owner was planning to remove debris in the mitigation area and wetland area. Mr. Rich Kirby, LEC, provided an overview of the request for an Amendment to the Order of Conditions and stated that all plantings have been installed and the area has been seeded and stabilized. Mr. Evan Paige, Assistant Conservation Director, stated that he visited the site and verified all feno markers were installed in the correct locations and the straw mulch was installed as well. Mr. Paige also noted that there is debris still within the wetland that should be cleaned up. Mr. Sreeprakash Narayanan, owner, stated he will work on cleaning up that debris and that this issue occurs often from people walking by and leaving their trash within this area. On a motion by Mr. Hamilton and seconded by Mr. Hnatko, the Commission voted 5-0 by roll call vote to issue the Amended Order of Conditions. Record of Vote as Follows: Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Request for Certificate of Compliance: 560 Concord Ave, DEP #201-1344, OpenGov CNOI-24- 38, COC-26-3, Partial On a motion by Ms. Dohan and seconded by Mr. Hamilton, the Commission voted 5-0 by roll call vote to issue the Partial Certificate of Compliance. Record of Vote as Follows: Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Schedule site visits: 5/19/2026 Meeting The site visits will be scheduled for Tuesday May 12, 2026, starting at 5:30pm. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Enforcement Updates, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee Ms. Ladd discussed that the Commission has previously decided to have Mr. Hamilton and Mr. Whelan review the Bylaw in a subcommittee setting. Mr. Hamilton stated that he has begun a review of the bylaw for potential changes and will meet with Mr. Whelan and Ms. Karen Mullins, Conservation Director, to review potential changes. Ms. Ladd noted that the Commission will need one new Commissioner and two associate members. Ms. Ladd also suggested that an eagle scout project could be started to create signage for the trails in Lexington to make it easier for trail users to report locations that need repairs or other forms of attention. Mr. Whelan noted that ACROSS Lexington had previously begun plans for this type of signage. Mr. Paige stated that he will note this in the upcoming Stewards meeting in which representatives from GCC will be present. 7:00 PM 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, 3/31/2026 (no testimony), 4/14/2026 (no testimony) Supplemental Documentation Submitted:  Peer Review Stormwater Review Letter #1: Lexington High School Building Project – Notice of Intent Application; To: Conservation Commission; From: Dylan J. O’Donnell, and Eric A. Kelley, Apex Companies; Date: 04/21/2026  Peer Review Wetland Resource Area Review Letter #1: Lexington High School Building Project – Notice of Intent Application; To: Conservation Commission; From: Danielle Gallant, and Dylan J. O’Donnell, Apex Companies; Date: 04/21/2026  Response to Apex Peer Review Comments – Floodplain Review Letter #1: Lexington High School Building Project NOI Application; To: Karen Mullins and the Conservation Commission; From: BSC Group; Date: 04/22/2026  Supplemental Response to Apex Peer Review Comments – Floodplain Review Letter #1 Lexington High School Building Project NOI Application; To: Conservation Commission and Karen Mullins; From: BSC Group; Date: 4/27/2026 Ms. Erin Prestileo, SMMA, was present. Mr. Dylan O’Donnell, Apex Companies, was present and stated that Mr. Ryan Paul, Apex Companies, conducted the majority of the peer review for the flood study review. Mr. Paul stated that they have spoken with SMMA and BSC Group to address outstanding comments. Mr. Paul stated that the applicant has used an EPA SWIMM- based model rather than Hydro CAD or TR-55 as specified in the Wetlands regulations, which Apex supports the use of for floodplain stormwater models. Mr. Paul also stated that no other flood studies were available from FEMA, and this has been confirmed by Apex. Further information as requested by Apex was received the day before this hearing and Apex is working on reviewing this information to issue a final peer review of the flood study. On a motion by Mr. Hamilton and seconded by Mr. Hnatko, the Commission voted 5-0 by roll call vote to continue the hearing to 5/19/2026, at the applicant’s request. Record of Vote as Follows: Alex Dohan – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 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. Previous Hearing Dates: 1/27/2026, 2/10/2026 (no testimony), 2/24/2026 (no testimony), 3/10/2026 Supplemental Documentation Submitted:  Memorandum: To: Ruth Ladd, Chair, Town of Lexington Conservation Commission; From: Scott Morrison, VHB; Subject: Fieldside at Lexington, 475 Bedford Street, Lexington, Response to Conservation Commission Comments (March 10, 2026 Meeting); Date: 04/03/2026  Stormwater Report; Locus: 475 Bedford St, Lexington, MA; Prepared for: Pulte Homes of New England; Prepared By: VHB; Date: 12/1/2025; Revised: 03/31/2026  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; Revised: March 2026  Snow Storage Plan; Locus: 475 Bedford St, Lexington, MA; Prepared By: VHB; Date: 12/05/2025; Revised: 02/23/2026 and 03/23/2026  Site Plans Issued for Notice of Intent: Cover Page, Sheet C1.00, “Legend and General Notes”, Sheet C2.00, “Site Preparation, Sedimentation and Erosion Controls Plan”, Sheet C3.00, “Grading and Drainage Plan”, Sheet C4.01, “Site Details”, Sheet C4.02, “Site Details”, Sheet C5.01, “Existing Wetland Buffer Impervious Area Plan”, Sheet C5.02, “Proposed Wetland Buffer Impervious Area Plan”, Sheet E1.00, “Resource Area Plan”, Sheet E2.00, “Wetland Replication Plan and Details”, Sheet E3.00, “50-Ft Buffer Plan”; 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; Revised: 04/02/2026 Mr. Hamilton has recused himself from this hearing and left the meeting at 7:12pm. Mr. Scott Morrison, VHB, presented and stated that copies of the plan approved by the Planning Board, the Alternatives Analysis, and a project memo have all been provided as requested in the previous hearing. The landscaping plan includes 2:1 wetland replication and restoration of large portions of the buffer zone. Mr. Morrison stated that stormwater is proposed for treatment as previously discussed along with a trail connection onsite. Mr. Morrison also stated that summary tables have been provided with quantifications for the improvements onsite. Ms. Ladd stated that she agrees that the reduction in impervious surface and the provision for stormwater management is significant. Ms. Ladd also noted that a three-year monitoring period for survivability of restoration plantings will be required, rather than the two-year period noted in VHB’s report. Ms. Ladd asked the team to clarify why there is not a fifth alternatives analysis provided with smaller buildings that would address why downsizing footprints of the buildings would be impracticable. Mr. Morrison stated that similar impacts would still occur regardless of the building size due to the removal of the building onsite. Mr. Ryan Douglas, Rubin & Rudman LLP, provided the Wetlands Protection Act’s definition of impracticable. Mr. Douglas expressed that the question regarding the size of the building is a site design purview question and finds that this is not appliable to this hearing. Ms. Ladd stated that the applicant has not yet provided documentation to address the reasoning behind smaller building footprints being considered impracticable. Mr. Whelan stated that the project team could provide further information for the reasoning behind the alternatives being impracticable by quantifying the impracticability by cost. Mr. Morrison stated that the impacts to the wetland will be the same from removing the existing facility. Ms. Lisa Newton, 15 Ledgelawn Ave, stated that the Lexington Wetland Bylaws do not hold a definition for the term impracticable. Ms. Newton stated that the Planning Board does not have the ability to speak to the Wetland Bylaw. She said that she feels it is practicable to reduce the footprint of the proposed development and stated that the firepit in the flood zone has been spoken about in three different meetings now. Ms. Newton asked what the square footage of the current building is compared to the square footage of the proposed buildings combined. Mr. Petrie stated that they will look into this and return with answers for this. Mr. Douglas stated that he does not agree that the square footage of the building is relevant to the Conservation Commission hearing as they are to review wetland impacts and finds this to only be relevant to the Planning Board hearing. Ms. Ladd noted that the Conservation Commission is able to approve projects within the buffer zones so long as appropriate mitigation is proposed as well. Ms. Leticia Hom, 175 Grove St, stated that she agrees that extending the footprint of building 2 into the buffer zone past the existing building footprint is not practicable. Ms. Hom stated that the proposed development contradicts the purpose of the MBTA Communities law and is not beneficial to the community and specifically to children. Ms. Ladd noted that many of Ms. Hom’s concerns are not within the Commission’s jurisdiction and have no impact to the wetlands. Ms. Hom asked if disturbed area calculations have been provided since the previous hearing. Mr. Petrie asked the Commission to clarify if this information is still needed. Ms. Ladd noted that disturbed areas outside of the parking lot and construction areas including grading, cutting down trees, etc. is being requested by the public. Mr. Morrison stated that the plan with this information has been provided to the record and they can provide a summarized number. Mr. Horsman noted that page C3.0 on the special permit plans contains the information Ms. Hom has requested. Ms. Hom asked if the 50% rule applies to this project. Ms. Ladd stated that this is not relevant to this project because the site is currently disturbed. Ms. Sandra Hackman, 65 Fifer Ln, stated that the standard should not be that the plans improve over the existing site conditions and that she believes the standards do not only apply to the buffer zones. Ms. Hackman stated that the project team needs to address why a smaller building footprint is impracticable. Mr. Douglas stated that this is not an accurate representation of the standard. Ms. Doris Wong, 12 Drummer Boy Way, stated that the applicant should be required to stick to the Commission’s rules and should provide concrete information as to why a smaller building footprint proposal is impracticable. On a motion by Mr. Hnatko and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to continue the hearing to 5/19/2026, at the applicant’s request. Record of Vote as Follows: Alex Dohan – 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 Dates: 2/24/2026, 3/10/2026 (no testimony), 3/31/2026 (no testimony), 4/14/2026 (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, 04/09/2026, and 04/20/2026  Stormwater Management Report; Locus: 131 Hartwell Ave, Lexington, MA; Prepared for: JLB Realty LLC; Prepared by: VHB; Date: January 2026; Revised: March 2026 and April 2026 *Applicant has requested a continuance of the hearing without testimony from 4-28-2026 to 5- 19-2026 On a motion by Ms. Dohan and seconded by Mr. Hnatko, the Commission voted 4-0 by roll call vote to continue the hearing to 5/19/2026, at the applicant’s request. Record of Vote as Follows: Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 114 Wood Street OpenGov Permit# CNOI-26-5, DEP #201-1389 Applicant/Property Owner: Scott Seaver, Seaver Construction / Angelo and Marianne Tortola Project: Demolition of a single-family dwelling and associated site appurtenances, the construction of a multi-family residential development and associated access road, parking, utilities, grading, and other site appurtenances within the 100-foot buffer zone to Bordering Vegetated Wetlands, an Isolated Vegetated Wetland, Isolated Land Subject to Flooding, and Vernal Pool Habitat. Previous Hearing Date: 4/14/2026 Supplemental Documentation Submitted:  None *Applicant has requested a continuance of the hearing without testimony from 4-28-2026 to 5- 19-2026 On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to continue the hearing to 5/19/2026, at the applicant’s request. Record of Vote as Follows: Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye On a motion by Ms. Dohan and seconded by Mr. Whelan, the Commission voted 4-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Alex Dohan – Aye Jason Hnatko – Aye Ruth Ladd – Aye Tom Whelan – Aye 8:04pm Respectfully Submitted, Megan Guardado LUHD Department Assistant Approved: 6/9/2026 Archived: 6/11/2026