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HomeMy WebLinkAbout2026-06-16-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, June 16th, 2026, 7:00 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, Philip Hamilton, Ruth Ladd (Chair), Tom Olivier and Thomas Whelan; Not Present: Jason Hnatko Staff Present: Karen Mullins, Conservation Director, Megan Guardado, Department Assistant; 7:00 PM New Business/Pending Matters Discuss Order of Conditions: 251 Waltham Street (Lexington High School), DEP #201-1387, OpenGov CNOI-26-4 Ms. Ladd noted that the Commission would not be voting on the issuance of the Order of Conditions during this meeting. Ms. Ladd stated that the applicant is requesting a waiver for unavoidable disturbance and removal of both maintained and unmaintained vegetation in some portions of the 25-foot buffer zone to protected resources. The disturbance within the 25-foot buffer zone is proposed within Wetlands 1, 3, and 7, primarily for existing maintained lawn. The second waiver the applicant is requesting relates to Town of Lexington Chapter 130 Section 5 standard 2 outlining increase in runoff calculation modeling. Ms. Ladd stated that the applicant used the SWMM model for their calculations, as accepted by FEMA, rather than the NRCS Natural Technical Release 20 or the NRCS Technical Release 55. Ms. Ladd noted that the peer reviewer, Apex Companies, supported the waiver request and stated this was an appropriate model to use. Mr. Buettell and Mr. Whelan stated they agree with Apex that this is an acceptable model to use and possibly superior to the NRCS models. Mr. Beuttell stated that in the findings and facts there should be a general description of the existing conditions of the areas of disturbance within the 25-foot buffer as this is relevant to the waiver request. Ms. Ladd noted the alterations are proposed in order to meet requirements for the school parking circulation, playing fields and the constraints of the site. Mr. Whelan stated that the areas of disturbance within the 25-foot buffer are cases of previous disturbance to be removed. The Commission discussed Wetland 7 and Ms. Mullins noted that the area abutting the wetland currently has a batting cage and an access drive. Mr. Hamilton read the Commission’s requirements for waivers. Mr. Hamilton asked if the Commission will be stating that the requested waivers serve a substantial public interest, current conditions cause strict compliance to the regulation to result in substantial cost without conferring any appreciable benefit to the protected interest of the bylaw, or both. The Commission agrees to say both. Mr. Olivier stated that the findings should also include that there are no reasonable alternatives. Mr. Beuttell stated that existing site conditions are well documented, and there are three discussion points for the Commission to consider which are avoidance and minimization, mitigation, and ultimate basis for approval. Mr. Hamilton stated that avoidance and minimization fall under the scope of the peer reviews completed. The peer reviewer suggested a condition be included requiring that confirmatory test pits be done in every place there are BMP locations as soon as possible. Mr. Hamilton stated that the peer reviewer also suggested a condition noting a required percentage of survival of woody species to be planted. Ms. Ladd stated that if 25% do not survive there should be additional planting and that there should be a coverage of herbaceous vegetation in addition to the woody vegetation proposed. The Commission discussed monitoring requirements for plantings. Ms. Mullins noted that the State Act requires 75% of surface area coverage survivability as a standard and that the Commission typically requires 90%. Mr. Whelan stated they need to add “and” between the coverage and survivability percentages within the order language. Mr. Hamilton stated that the Commission should require their standard three years of monitoring for survivability and invasive species management. Mr. Beuttell asked what areas would get invasive species removal management. Ms. Ladd stated that this would be in all of the proposed mitigation areas. Ms. Ladd suggested that standard language be included that no cultivars are allowed to be planted within mitigation areas and not near mitigation areas. Ms. Ladd asked if Feno bounds would be appropriate for this project. Ms. Mullins stated that there are currently “No Mowing” signs proposed onsite and that these would be most effective since mowing for this project would be managed by DPW. A condition will be included that “no mow” signage be installed along lawn grass areas near replication areas. Ms. Ladd stated that proposed mitigation should be done as early as feasible and the applicant will need to come before the Commission with their sequencing. Ms. Mullins stated that the building would need to be constructed prior to the mitigation work. Mr. Beuttell noted that impacts within the 25-foot have been minimal and existing conditions are disturbed and a substantial amount of mitigation has been proposed. Mr. Beuttell also stated that there is a clear net improvement on existing conditions to the proposed conditions. Ms. Ladd noted that the existing building is closer to the wetlands than the proposed building. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye 8:13pm Respectfully Submitted, Megan Guardado LUHD Department Assistant Approved: 7/28/2026 Archived: 7/29/2026