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