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HomeMy WebLinkAbout2026-05-19-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, May 19th, 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, Alexandra Dohan, Philip Hamilton, Ruth Ladd (Chair), and Thomas Whelan; Not Present: Jason Hnatko Associate Commissioner present: Tom Olivier Staff Present: Karen Mullins, Conservation Director, Megan Guardado, Department Assistant, and Evan Paige, Assistant Conservation Director; 6:30 PM New Business/Pending Matters Approve Minutes: 4/14/2026 and 4/28/2026 The minutes for the 4/14/2026 and the 4/28/2026 meeting were postponed to the following meeting to permit the Commission further time to review. Conservation Plan Modification: 3 Fairland Street, CPM-26-2 The homeowner, Mr. Sridhar Duvvuri, was present for the meeting. Ms. Ladd stated that the retaining wall and the walkway were both replaced. Mr. Hamilton stated that the changes were minor within the 100-foot buffer zone. On a motion by Mr. Hamilton and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to approve the insignificant plan change. 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: 3 Fairland Street, DEP #201-1323, OpenGov CNOI-24- 17, COC-25-22 On a motion by Mr. Beuttell 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: 21 Crescent Rd, DEP #201-1260, OpenGov CNOI-22-10, COC-26-7 Ms. Ladd stated that this site is not ready for a Certificate of Compliance issuance. Ms. Mullins stated that the applicant had requested this item be placed on the agenda and that the applicant was not present for the hearing. Ms. Mullins also stated that the wetlands consultant for the project, Mary Trudeau, had submitted a monitoring report that the site did not meet the Commission’s conditions at this time and that additional work needed to take place. Trust Fund Expenditure from Lexington Nature Trust for Cotton Farm Orchard Mr. Paige stated that he is requesting to withdraw a maximum of $1,038 from the Lexington Nature Trust for Cotton Farm to cover the expense of an orchard workshop and an electric pole pruner. Ms. Ladd asked if this would become part of the stewards' tools moving forward. Mr. Paige stated that this would be part of the Stewards’ tools. Ms. Mullins stated that the expenditure requested is from the Lexington Nature Trust and that donations are received within this trust that are specifically for Cotton Farm. On a motion by Mr. Hamilton and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to approve the expenditure of $1,038 from the Lexington Nature Trust for Cotton Farm Orchard. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Enforcement: 24 Turning Mill Road Ms. Mullins stated that Conservation staff conducted a compliance inspection and that the work has not been done in compliance with the issued Order of Conditions. Ms. Mullins also noted that the garage floor slab was raised by a couple of feet and the driveway grade has increased which was permitted only to stay at the same grade. She also stated that there have been changes to the project engineer and contractor and that conservation staff have offered to meet with them onsite to review next steps including the submission of an as-built plan for review. Work has expanded beyond the limit of work lines approved. Mr. Murali Pathivada, owner of 24 Turning Mill, was present and stated that he has retained a land surveyor to complete an as-built to provide to the Commission. Mr. Pathivada also stated that he will have the excess material removed. Ms. Mullins stated that the Commission should visit this site prior to the next meeting to review the enforcement issues onsite. A concrete slab has been poured for the garage at a higher elevation than was approved by the Commission. 7:00 PM New Public Meetings/Hearings Request for Determination of Applicability: 7 Tufts Road OpenGov Permit# CDOA-26-4 Applicant/Property Owner: Samarjit Walia Project: Reconstruction of the existing rear deck and adding a landing and stairs to the deck within the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted: ⎯ WPA Form 1 – Request for Determination of Applicability; Locus: 7 Tufts Road, Lexington, MA; Prepared for: Samarjit Walia; Prepared by: Samarjit Walia, property owner; Date: 04/28/2026 ⎯ Wetland & Buffer Zone – No Impact Statement; Locus: 7 Tufts Rd, Lexington, MA; Date: 04/28/2026 ⎯ Deck Renovation Proposal; Locus: 7 Tufts Rd, Lexington, MA; Date: 3/27/2026 Mr. Samar Walia, owner of 7 Tufts Road, presented and stated that there is an existing deck on the rear of the house that he is proposing to reinforce the structure, replace the railings, and add a new stairway. Ms. Ladd asked what the purpose is of the stairs being added to the deck. Mr. Walia stated that he would like the stairs installed to access the backyard from the deck. Ms. Ladd noted that the plan provided is not to scale. Ms. Ladd noted that there is an outstanding enforcement order on the site concerning unauthorized vegetation removal within the wetlands and requiring restoration plantings. Mr. Hamilton asked if a wetland scientist had been contracted previously for this enforcement. Ms. Mullins stated that Goddard Consulting has previously been consulted when the enforcement order was previously issued and submitted a restoration plan previously. Mr. Hamilton stated that the restoration plantings should be reestablished onsite. Ms. Ladd stated that the previous enforcement order still needs to be addressed onsite and that the documents provided are not sufficient for the Commission’s review and approval as the plan does not show the wetland line and associated buffers. Ms. Ladd also noted that the expansion of the deck is not justified as is. Mr. Beuttell stated that the Commission may issue a Positive Determination at this point, or the applicant may continue the hearing and come back with sufficient plans for review. Mr. Whelan noted that the plans provided show conflicting drawings of the stairs’ location. Ms. Mullins stated that the applicant will need to consult with their land surveyor to provide sufficient plans for review. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to continue the hearing to 6/23/2026, 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 Amendment to Order of Conditions: 166 Spring Street OpenGov Permit# AOOC-26-4, DEP #201-1367 Applicant/Property Owner: Isam Hijazi Project: Plan modifications including demolition of the existing dwelling, construction of a new building, concrete walkway, and associated drainage and stormwater management systems discharging within the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted: ⎯ Request to Amended Order of Conditions; Locus: 166 Spring St, Lexington, MA; To: Lexington Conservation Commission; From: Adel Shahin, PE; Date: 04/22/2026 ⎯ Proposed Improvements for Muslim American Community Center of Lexington Massachusetts; Locus: 166 Spring St, Lexington, MA; Prepared by: BCD Design Group; Prepared for: Muslim American Community Center; Stamped and signed by: Adel M. Shahin, Civil PE No. 41854; Date: 07/28/2025; Last Revised: 04/03/2026 ⎯ Stormwater Management; Locus: 166 Spring St , Lexington, MA; Prepared for: Muslim American Community Center of Lexington; Prepared by: BCD Design Group; Signed and Stamped by: Adel M. Shahin, Civil PE No. 41854; Date: 07/01/2025; Last Revised: 04/22/2026 ⎯ Engineering Comments 166 Spring St; To: Karen Mullins, Conservation; From: Marissa Martel, Engineering; Date: 04/27/2026 Mr. Adel Shahin, civil engineer, presented and stated that the requested amendment includes changes made due to requirements from the Fire Department to widen access areas for emergency response. Mr. Shahin stated that the plan modification includes demolishing the existing building and the construction of a new building and stated that the footprint of the existing building will not be changed. Mr. Shahin also stated that the driveway entrance from Concord Ave is now proposed to be twenty feet wide and the slope was changed to be 10% maximum at the request of the Fire Department. A positive report from Town Engineering was received for this Amendment. Ms. Ladd suggested that the invasive burning bush should be removed and that a curb be installed along the parking area, which is beyond the 100-foot buffer zone. Mr. Shahin stated that they are reviewing these requests with the applicant. Mr. Mat Gauvin, 580 Concord Ave, stated that there is a pipe that drains water from 166 Spring Street into their backyard and that he has spoken in previous meetings. Mr. Gauvin asked to confirm that there are no changes to the Concord Ave drainage pipe and that there are no plans for drainage to be directed towards his property. Mr. Shahin stated that nothing has changed in regard to drainage directed towards Mr. Gauvin's property and the overall stormwater report has little change within it. On a motion by Mr. Hamilton and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye Notice of Intent: 18 Saddle Club Road OpenGov Permit# CNOI-26-6, DEP #201-1390 Applicant/Property Owner: Yousaf Sami Project: Demolition of a deck, walkway, retaining wall, and pavement and the construction of a new garage addition, rear addition, deck, stairs, and other site appurtenances within the 200-foot Riverfront Area and the 100-foot buffer zone to Bordering Vegetated Wetlands and Bordering Land Subject to Flooding (Local Code). Documentation Submitted: ⎯ WPA Form 3 – Notice of Intent; Locus: 18 Saddle Club Rd, Lexington, MA; Prepared for: Yousaf Sami; Prepared by: Maureen Herald, Norse Environmental Services, Inc.; Date: 04/27/2026 ⎯ Notice of Intent; Locus: 18 Saddle Club Rd, Lexington, MA; Prepared for: Yousaf Sami; Prepared by: Norse Environmental Services, Inc.; Date: April 2026 ⎯ Plot Plan of Land; Locus: 18 Saddle Club Rd, Lexington, MA; Prepared for: Yousaf Sami; Prepared by: Sullivan Engineering Group, LLC; Signed and Stamped by: John D Sullivan III, Civil PE No. 41586; Date: 04/02/2026 ⎯ Stormwater Analysis; Locus: 18 Saddle Club Rd, Lexington, MA; Prepared by: Sullivan Engineering Group, LLC; Signed and Stamped by: John D Sullivan III, Civil PE No. 41586; Date: 04/27/2026 ⎯ Comments from DEP; Locus: 18 Saddle Club Rd, Lexington, MA; Prepared by: Pamela Merrill, MA DEP; Date: 05/11/2026 ⎯ Engineering Comments 18 Saddle Club Rd; To: Karen Mullins, Conservation; From: Marissa Martel, Engineering; Date: 05/15/2026 Mr. Jack Sullivan, Sullivan Engineering, presented and stated that Ms. Maureen Herald, Norse Environmental, was unable to be present for the hearing due to conflicting meeting schedules. Mr. Sullivan stated that this property has previously been presented to the Commission and the owner is now pursuing a proposed addition to the rear of the home, an attached garage and a deck built on sono tubes in the rear of the property. Mr. Sullivan stated that he had performed test pits onsite in 2021 and confirmatory soil probing was completed in March 2026. A retaining wall and walkway are also proposed for removal in the rear of the property. Mr. Sullivan also stated that comments were received from DEP that they are working on addressing. Ms. Ladd stated that there was concern regarding the delineation during their site visit and the Commission noted that the lawn has been expanded past approval. Mr. Sullivan stated that he has conveyed the concerns for the delineation to Ms. Herald and that she will be returning to the site to confirm the delineation. Mr. Yousaf Sami, owner of 18 Saddle Club Road, stated that the extension of the lawn was a result of invasive species removal onsite and should fall at forty feet from the Wetlands boundary. Ms. Ladd stated that this will need to be reviewed once the delineation is confirmed as the wetlands may be closer than depicted on the original delineation plans provided. Ms. Mullins reminded the Commission that this property also falls within the 200-foot Riverfront Area in addition to the Wetlands onsite. On a motion by Ms. Dohan and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to continue the hearing to 6/9/2026, 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 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 Dates: 2/24/2026, 3/10/2026, 3/31/2026 (no testimony), 4/14/2026 (no testimony), 4/28/2026 Supplemental Documentation Submitted: ⎯ Additional Information to Supplemental Response to Apex Peer Review Comments Floodplain Review Letter #1; To: Karen Mullins and Conservation Commission; From: Erin Prestileo, SMMA, and Paul Partin, BSC Group; Date: 05/04/2026 ⎯ Stormwater Report; Locus: Lexington High School, 251 Waltham St, Lexington, MA; Prepared for: Town of Lexington; Prepared by: SMMA; Date: 2/3/2026; Revised: 05/11/2026 ⎯ NOI Submission Plan Set: Cover Sheet, Sheet C-001, “Overall Site Plan”, Sheet C-101A, “Existing Conditions Plan A”, Sheet C-101B, “Existing Conditions Plan B”, Sheet C- 101C, “Existing Conditions Plan C”, Sheet C-101D, “Existing Conditions Plan D”, Sheet C-101E, “Existing Conditions Plan E”, Sheet C-101F, “Existing Conditions Plan F”, Sheet C-101G, “Existing Conditions Plan G”, Sheet C-101H, “Existing Conditions Plan H”, Sheet C-111A, “Site Preparation Plan A – Phase 1”, Sheet C-111B, “Site Preparation Plan B – Phase 1”, Sheet C-111C, “Site Preparation Plan C – Phase 1”, Sheet C-111D, “Site Preparation Plan D – Phase 1”, Sheet C-111E, “Site Preparation Plan E – Phase 1”, Sheet C-111F, “Site Preparation Plan F – Phase 1”, Sheet C-111G, “Site Preparation Plan G – Phase 1”, Sheet C-111H, “Site Preparation Plan H – Phase 1”, Sheet C-112A, “Site Preparation Plan A – Phase 2”, Sheet C-112B, “Site Preparation Plan B – Phase 2”, Sheet C-112C, “Site Preparation Plan C – Phase 2”, Sheet C-112D, “Site Preparation Plan D – phase 2”, Sheet C-112E, “Site Preparation Plan E – Phase 2”, Sheet C-112F, “Site Preparation Plan F – Phase 2”, Sheet C-112G, “Site Preparation Plan G – Phase 2”, Sheet C-112H, “Site Preparation Plan H – Phase 2”, Sheet C-121A, “Layout and Materials Plan A”, Sheet C-121B, “Layout and Materials Plan B”, Sheet C-121C, “Layout and Materials Plan C”, Sheet C-121D, “Layout and Materials Plan D”, Sheet C-121E, “Layout and Materials Plan E”, Sheet C-121F, “Layout and Materials Plan F”, Sheet C-121G, “Layout and Materials Plan G”, Sheet C-121H, “Layout and Materials Plan H”, Sheet C-131A, “Grading and Drainage Plan A”, Sheet C-131B, “Grading and Drainage Plan B”, Sheet C-131C, “Grading and Drainage Plan C”, Sheet C-131D, “Grading and Drainage Plan D”, Sheet C-131E, “Grading and Drainage Plan E”, Sheet C-131F, “Grading and Drainage Plan F”, Sheet C-131G, “Grading and Drainage Plan G”, Sheet C-131H, “Grading and Drainage Plan H”, Sheet C-141A, “Utilities Plan A”, Sheet C-141B, “Utilities Plan B”, Sheet C-141C, “Utilities Plan C”, Sheet C-141D, “Utilities Plan D”, Sheet C-141E, “Utilities Plan E”, Sheet C-141F, “Utilities Plan F”, Sheet C-141G, “Utilities Plan G”, Sheet C-141H, “Utilities Plan H”, Sheet C-151A, “Planting Plan A”, Sheet C-151B, “Planting Plan B”, Sheet C-151C, “Planting Plan C”, Sheet C-151D, “Planting Plan D”, Sheet C-151E, “Planting Plan E”, Sheet C-151F, “Planting Plan F”, Sheet C-151G, “Planting Plan G”, Sheet C-151H, “Planting Plan H”, Sheet C-501, “Details I”, Sheet C-501, “Details II”, Sheet C-503, “Details III”, Sheet C-504, “Details IV”, Sheet C-505, “Details V”, Sheet C-506, “Details VI”, Sheet C-507, “Details VII”, Sheet C-600, “Wetland Replication Plan, Plan View + Notes 1 of 5”, Sheet C-601, “Wetland Replication Plan, Plan View + Notes 2 of 5”, Sheet C-602, “Wetland Replication Plan, Plan View + Notes 3 of 5”, Sheet C-603, “Wetland Replication Plan, Plan View + Notes 4 of 5”, Sheet C-604, “Wetland Replication Plan, Plan View + Notes 5 of 5”; Locus: Lexington High School, 251 Waltham St, Lexington, MA; Prepared for: Town of Lexington Public Schools; Prepared by: SMMA; Date: 2/3/2026; Revised: 05/11/2026 ⎯ Notice of Intent Stormwater Peer Review Response; To: Conservation Commission; From: Erin Prestileo, PE, SMMA; Date: 05/11/2026 ⎯ Notice of Intent Wetland Peer Review Response; To: Conservation Commission; From: Erin Prestileo, PE, SMMA; Date: 05/11/2026 ⎯ Notice of Intent Supplemental 3; To: Conservation Commission; From: Erin Prestileo, PE, SMMA; Date: 05/11/2026 Ms. Erin Prestileo, SMMA, presented, and asked if the Flood Study peer review can be closed at this time. Mr. Dylan O’Donnell, Apex stated that the final and second Flood Study peer review letter has been issued by Apex and there are no remaining comments from Apex regarding the Flood Study. Ms. Ladd stated that the peer review of the Flood Study has been completed. Ms. Prestileo asked Apex to address the status of the remaining peer reviews. Mr. O’Donnell stated that Apex was contracted to provide peer review of the flood study, stormwater design, and wetland resource area impacts. Mr. O’Donnell provided an overview of the outstanding peer review and stated that the majority of their remaining comments are technical. Mr. Peter Rebuck, SMMA, stated that Apex has provided many comments to SMMA which included a theme of high seasonal groundwater onsite. Mr. Rebuck stated that they have reviewed further the separation to groundwater requirements and portions of porous pavement has been removed from the proposal to ensure groundwater separation is met. Two additional tree boxes and an underground detention system have been added to the proposal. The project team are meeting with Apex to review remaining comments further on Thursday May 21, 2026. Ms. Prestileo stated that there has been concern about how Wetlands 7 and 8 are served and stated that Apex is assisting the team in finding the ideal design to meet regulations and designing wetland replication that survives. Ms. Diana Walden, BSC Group, stated that in previous meetings, the Commission asked for native species only proposed onsite and stated that all species of plantings within the replication areas will be native to the County and cultivars will be used in a limited manner outside of the buffer zones. Mr. Paul Martin, BSC Group, stated that the project team is amenable to special conditions being added to the Order of Conditions that address items the peer reviewer noted and that cannot be completely addressed until the time of construction. Ms. Ladd stated that copies of the plant tags will be required to be submitted to the Commission prior to issuance of the Partial Certificate of Compliance and that a three-year monitoring period will be required to review the survivability of the plantings. Mr. Hamilton stated that he had concerns regarding the information in the submitted appendixes in the response to the peer reviewer, specifically the viability of wetland 7 as originally proposed. Mr. Hamilton expressed concern that the reduced groundwater catchment area of Wetland 8 might not support the proposed replication in Wetland 8 and asked if the team has considered replicating Wetland 7 somewhere else onsite and leaving Wetland 8 as is. Ms. Walden stated that they are not planning any one wetland area to replace Wetland 7. Ms. Walden also noted that portions of the replication for Wetland 7 are dispersed amongst all of the Wetland replication areas onsite to meet the 2:1 mitigation requirement. She is satisfied that the reduced groundwater conditions will be sufficient to support the proposed replication area associated with Wetland 8. Ms. Ladd asked how the project team would prove that they had created a successful wetland through the proposed wetland replication. Ms. Walden stated that the soils do not typically develop the wetland features within three years and that they have considered iris tubes to prove hydrology. Ms. Ladd noted that the Commission would like to see the hydrology present. Mr. Jim Williams, 8 Stratham Road, stated that he believes the proposed 2:1 ratio of replication will not be successful and that the peer review response does not address proof that the mitigation proposed is replication. Mr. Williams stated that a calculation should be done to prove whether the replication will work onsite. Mr. Williams also noted that all invasive species have been removed from Wetlands 1, 2 and 3 previously and what is currently present should only be native species. Ms. Walden clarified that Mr. Williams’ concern is that the removal of the fill onsite will bring a finite amount of water out and stated that the proposal follows all regulations and recommendations concerning this. Ms. Prestileo stated that a minor plan change has been made to include a pedestrian walkway rather than vehicular access to the main parking lot. The revision did not impact the stormwater calculations, peak rate calculations, treatment calculations, or performance standards. Mr. Williams stated that Town is required to explore alternatives and expressed concern for the project applicant not being required to move driveways and cause less impact to the wetlands. Ms. Prestileo stated that a response has been provided to Mr. Williams’ comments and is available on the OpenGov website. On a motion by Mr. Hamilton and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to continue the hearing to 6/9/2026, 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 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, 4/14/2026, 4/28/2026 Supplemental Documentation Submitted: ⎯ Cover Letter: Re 475 Bedford St, Lexington; To: Lexington Conservation Commission; From: Scott Morrison, VHB; Date: 05/11/2026 ⎯ Fieldside at Lexington Project: Alternatives Analysis; Locus: 475 Bedford St, Lexington, MA; Prepared for: Pulte Homes of New England; Prepared by: VHB; Date: May 2026 ⎯ Sheet L2.02, “North Shrub Planting Plan”; Locus: 475 Bedford St, Lexington, MA; Issued for: Site Plan Review; Prepared by: VHB; Date: 12/05/2025; Last Revised: 05/11/2026 ⎯ Public Comments Mr. Hamilton recused himself from this hearing. Mr. Scott Morrison, VHB, presented and stated that additional documentation has been provided outlining an alternative of reducing the size of building two and stated that a smaller footprint for the proposed buildings is not practicable. Mr. Morrison stated that there is no work proposed within the floodplain or Bordering Land Subject to Flooding and that the stormwater management proposed meets state and local requirements. Mr. Ryan Douglas, Rubin Rudman LLP, stated that the applicant has responded to the Commission’s requests, addressed the question of impracticability, and they are requesting that the Commission take a vote. Mr. Douglas noted that letters of opposition have been received and many of the concerns have been addressed or raise concerns that are not under the purview of wetlands jurisdiction. Mr. Douglas also stated that a waiver is not required at this time. Mr. Olivier expressed concern that the project is not showing compliance with regulation 5.5(3) and that it does not meet the requirements for impracticability to lessen the footprint of the proposed buildings. Mr. Olivier stated that financial feasibility does not fall within the Commission’s concerns for practicability. Mr. Douglas stated that cost is considered in reviews for impracticability when reviewed throughout the Commonwealth of Massachusetts. Mr. Beuttell stated that the broader scale development concerns should be separated from the Wetland impacts onsite. Mr. Beuttell stated that the Commission is reviewing the Wetland impacts onsite rather than economic concerns. Ms. Ladd stated that the proposed buildings have made a large improvement to the site from existing conditions. Ms. Ladd also noted that the alternative to reduce the size of the building two and that the underground parking appears to be of concern and suggested removal of the underground parking and additional parking under the power line. Mr. Beuttell asked the applicant to provide the reason that the community gathering space cannot be located outside of the 25-foot buffer zone. Mr. Essek Petrie, Pulte Homes, clarified that the outdoor kitchen has been moved outside of the 25-foot buffer zone to the wetlands and is now proposed to be planted with vegetation. Ms. Ladd asked if permanent demarcations of the wetland lines are proposed onsite. Mr. Morrison stated that signage is proposed to demarcate the wetland replication onsite. Ms. Vida Beterina, 175 Grove St, stated that the applicant’s exposition on alternate alanlysis provided appeared to focus on profit and expressed concern that the proposed development would cause harm to the wetlands. Ms. Baterina suggested removing the underground parking, reducing the overall scale of the project, moving buildings two and three farther from the wetlands, or finding a different site for this development. Ms. Lin Jensen, 133 Reed Street, stated that she has submitted a letter of concern to the Commission and asked the reason for the buffer zones shift in the proposed development. Ms. Jensen also expressed concern that economic feasibility should not be considered. Ms. Lisa Newton, 15 Ledgelawn Ave, stated that she agrees with Mr. Olivier’s comments. Ms. Newton also stated that the proposed building two is outside of the existing building’s footprint and asked for clarification on how this meets the regulations. Ms. Newton also noted that other proposed developments in Lexington have reduced their total number of units to meet regulations. Mr. Douglas stated that profit is not a factor in consideration when they are referring to concerns about cost and the concerns for cost include restarting the plans for the site and further delaying the project start. Mr. Douglas noted that the hearing with the Conservation Commission is only to review wetland regulations and that the project meets the requirements including the two to one mitigation ratio required. Mr. Olivier read the Commission’s regulations and noted that the Commission can approve if the project results in substantial improvements to the site over existing conditions. Mr. Olivier stated that circumstances must be extraordinary to approve of projects in this case. Mr. Douglas stated that the applicant has legally met all standards. Mr. Dale Horseman, VHB, listed the constraints of the site including the gas and the electrical easements onsite in addition to the wetlands. Ms. Leticia Hom, 175 Grove St, stated that the site is difficult and at the time of the neighborhood meeting in 2025, residents expressed they were concerned for the environmental impacts of the development in a wetlands jurisdictional area. Ms. Hom also stated that the Planning Board and applicant stated that they would be amenable to return to the Planning Board for approval if the Conservation Commission did not approve of the plan. Ms. Newton also expressed that the public’s opposition concerns building two that is proposed closer to the wetlands than the existing building. Mr. Essek Petrie, Pulte Homes, noted that the town’s stormwater standards include treating the site as open grass space, rather than being treated as the existing conditions of structure and pavement onsite. Mr. Petrie also noted that removal of the existing structures will impact the wetlands and their proposal includes over two to one ratio of wetland replication for mitigation. Ms. Edna Luther, 28 Eldred St, stated that the public is not opposed to development onsite and their concerns are regarding worsening wetland and stormwater conditions to the site due to the development. On a motion by Mr. Beuttell and seconded by Ms. Dohan, the Commission voted 4-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Recused 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), 4/28/2026 (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: 01/23/2026; Revised: 03/23/2026, 04/09/2026, 04/20/2026, and 05/06/2026 ⎯ Stormwater Management Report; Locus: 131 Hartwell Ave, Lexington, MA; Prepared for: JLB Realty LLC; Prepared by: VHB; Date: January 2026; Revised: March 2026, April 2026, and May 2026 Mr. Scott Morrison, VHB, presented and stated that minor modifications to the stormwater management system are proposed based on additional test pits including slight movement of the location of subsurface infiltration systems. Mr. Morrison stated that a request for a waiver has been submitted for the construction of a sidewalk within twenty-five feet of an unconfirmed wetland onsite. This sidewalk is intended to be a safe route for children to the bus stop. Mr. Nicholas Skoly, VHB, stated that the school bus stop must be along the main road as the state of Massachusetts does not permit school buses to back up with children aboard and a turnaround spot would not suffice to meet the requirements for the bus stop. Mr. Skoly also noted that the proposed sidewalk will be porous pavement. Ms. Mullins stated that the provided plans do not specify where erosion controls and the limit of work line will be implemented onsite. Mr. Skoly stated that they will follow up with a plan that shows the locations for erosion controls and the limit of work line onsite. Ms. Mullins stated that peer review has been received and asked if the Commission wanted to visit the site to review the wetlands for the proposed sidewalk and bus stop. Ms. Ladd stated that the Commission can approve of the project without approving the wetland line of the unconformed wetland behind the proposed bus stop. Mr. Beuttell asked who requested the bus stop be proposed onsite. Mr. Skoly stated that the Planning Board and School Department have requested a safe spot for the bus stop to be located. Ms. Mullins stated that the bus stop location was requested by the Transportation Manager. 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: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – 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 Dates: 4/14/2026, 4/28/2026 (no testimony) Supplemental Documentation Submitted: ⎯ Public Comments *Applicant has requested a continuance of the hearing without testimony from 5-19-2026 to 6-9- 2026 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 6/9/2026, 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 New Business/Pending Matters, Continued Schedule site visits: 6/9/2026 Meeting The site visits will be scheduled for Tuesday June 2, 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. Mullins stated that the next meeting will be 21 days from this meeting and suggested the Commission set up a special meeting to discuss the issuance of Orders of Conditions for the two hearings that have closed during this meeting. The Commission agreed to hold a special meeting on Tuesday May 26th at 6pm to discuss the issuance of Orders for the two hearings that have closed during this meeting. Mr. Whelan stated that the Widnall property is beginning planning with includes hardscape improvements and they will need to come to the Commission for discussion at a future meeting. Ms. Mullins stated that there are further items through the easement agreement that the Commission has agreed to before they can review the trail installation. Ms. Ladd stated that the June 9th meeting will be Commissioner Alex Dohan’s last meeting as a member of the Conservation Commission. On a motion by Mr. Hamilton and seconded by Ms. Dohan, the Commission voted 5-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Alex Dohan – Aye Philip Hamilton – Aye Ruth Ladd – Aye Tom Whelan – Aye 10:32pm Respectfully Submitted, Megan Guardado LUHD Department Assistant Approved: 7/14/2026 Archived: 7/15/2026