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HomeMy WebLinkAbout2026-06-23-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, June 23rd, 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 (joined late), Philip Hamilton, Jason Hnatko, Ruth Ladd (Chair), Thomas Olivier, and Thomas Whelan; Staff Present: Karen Mullins, Conservation Director, and Evan Paige, Assistant Conservation Director; 6:30 PM New Business/Pending Matters Goat Land Management Permit Approval Ms. Hale Sofia Schatz, 8 Goodwin Road, and Ms. Laurene Beaudette, 10 Grove Street, began by speaking about the past year for the goats. They discussed that most people now keep their dogs leashed, which has made a positive difference in interactions with the goat herds. Ms. Schatz and Ms. Beaudette proposed to have a two-year permit instead of a one-year. Ms. Mullins stated that agricultural licenses are two years, and Ms. Ladd asked for the goat permits to be updated to a two-year period. Mr. Whelan agreed. On a motion by Ms. Ladd and seconded by Mr. Hamilton, the Commission voted 5-0 by roll call vote to issue the license for goat grazing on Chiesa Farm through June 30, 2028. Record of Vote as Follows: Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye West Farm Eagle Scout Project Mr. Akhil Venkatesh, Troop 119, presented his idea for an eagle scout project at West Farm. Mr. Venkatesh presented slides on West Farm and his idea to put a full-size kiosk at the lower entrance along Oak Street, as well as create a webpage showcasing West Farm. The kiosk will utilize the standard conservation department design. Mr. Olivier inquired about adding pet waste bags to the kiosk. Ms. Mullins added that the commission did consider this issue in 2008 and decided against the Town paying for pet waste bags. Mr. Olivier asked how the website link would work. Ms. Mullins and Mr. Paige added that the Town staff will assist Mr. Venkatesh with the development and hosting of the website. On a motion by Mr. Olivier and seconded by Mr. Hamilton, the Commission voted 5-0 by roll call vote to approve the eagle scout project. Record of Vote as Follows: Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Informal Discussion 127 North Street, Expand mowing and proposed fence installation, Rich Kirby LEC Mr. Rich Kirby, LEC Environmental, shared a site plan for the commission and gave an overview of the site. The project site borders Lexington conservation land and is within a wetlands buffer and flood plain. The client wishes to install an aluminum fence (or similar) to separate their property from the adjacent land. Additionally, they would like to remove invasive buckthorn and begin mowing an area of their yard. There is an existing limit of work and erosion control from a permitted project. Ms. Ladd asked Mr. Kirby to highlight the 25’ wetland buffer. Ms. Mullins added that there is nearby bordering land subject to flooding that adds an additional buffer zone to the property. Mr. Kirby responded by showing the additional buffer zones on the site. Mr. Hamilton asked about the square footage of the proposed work, the yellow area on the shown site plan. Mr. Kirby stated that the area shown in yellow was historically lawn grass which was excluded from the previous limit of work, allowing for buckthorn and multiflora rose to establish in the area. The owners would like to resume mowing this portion of the property. Mr. Kirby estimated the square footage to be roughly 2800 sq ft. Mr. Hamilton added that the area is sensitive due to the wetlands and stated that the client seems to be asking for a substantial addition to the backyard in a sensitive area and is not offering mitigation. Mr. Kirby responded that Feno markers and mitigation were installed as part of the previous project, and proposed the commission do a site visit to consider a location for shrubs. Ms. Ladd inquired about the adjacent trail location and suggested it would be a good idea to provide a buffer between the trail and property. She expressed remembering the yellow area as similar to a lawn. Ms. Mullins added that the question regards what permit would be appropriate, Mr. Kirby stated the existing permit is still open for mitigation monitoring. Ms. Mullins suggested that the original order of conditions may no longer be valid, despite it being outstanding. Ms. Mullins stated that at minimum, a request for determination of applicability would be needed. Ms. Ladd suggested that finishing the mitigation monitoring for the existing order of conditions should be a part of any new process. Ms. Ladd asked about how much monitoring is left, Mr. Kirby responded that some shrubs needed to be replaced and they have one year left for restoration monitoring. Ms. Ladd suggested a site visit should happen. Schedule site visits: 7/14/2026 Meeting The site visits will be scheduled for Tuesday July 7, 2026, starting at 5:30pm. 7:00 PM Continued 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. Previous Hearing Date: 5/19/2026 *Applicant has requested to withdraw the application without prejudice. On a motion by Mr. Hamilton and seconded by Mr. Whelan, the Commission voted 5-0 by roll call vote to allow the applicant to withdraw without prejudice. Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Ms. Mullins noted that staff will be following up with a non-compliance letter to address issues with previously installed restoration plantings. 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). Previous Hearing Dates: 5/19/2026, 6/9/2026 Supplemental Documentation Submitted: ⎯ Buffer Zone Restoration Memorandum; Locus: 18 Saddle Club Rd, Lexington, MA; To: Lexington Conservation Commission; From: Maureen Herald, Norse Environmental Services; Date: 06/15/2026; ⎯ Wetland Buffer Restoration Action Plan; Locus: 18 Saddle Club Rd, Lexington, MA; Prepared for: Yousaf Sami; Prepared by: Sullivan Engineering Group, LLC: Date: 06/14/2026; ⎯ Historical Aerials and Topographic Maps; Date Submitted: 06/15/2026; ⎯ Web Soil Survey: National Cooperative Soil Survey; Prepared by: USDA Natural Resources Conservation Service; Date: 06/09/2026; ⎯ Property Record Card; Date: 2026 Ms. Maureen Herald, Norse Environmental, presented and stated that the last time they were before the commission they discussed the restoration plan. She was joined by Jack Sullivan. Ms. Herald presented an updated restoration plan to the commission. Ms. Ladd stated that no more than two white pines and two flowering dogwoods should be planted to prevent those species from becoming dominant. She stated the remaining plant list was very good and stated that the applicant should consider replacing red oak with swamp white oak. Mr. Hamilton stated that he approves of what the applicant is presenting and asked if planting would be completed by November 15th. Ms. Herald stated that plants will be installed by November 1st, with tags submitted to the conservation department. Ms. Ladd inquired if the restoration should be approved under enforcement or the CNOI. Ms. Mullins stated that this restoration work should be issued under the enforcement order. On a motion by Mr. Hnatko and seconded by Mr. Hamilton, the Commission voted 4-0 by roll call vote to approve the restoration plan under an enforcement action. Record of Vote as Follows: Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Abstained Thomas Whelan – Aye Ms. Ladd inquired if the applicant plans to use the previous Notice of Intent as-is, or file for a new permit. Ms. Ladd does not think the applicant can use the old permit with a modification. Ms. Herald stated she believed the commission would allow the use of the old permit with modification. Ms. Ladd stated that because the resource areas have changed since the old permit was issued, she does not believe it should be used. Mr. Hamilton agreed that the resource areas have changed and require the commission to look at only the new proposal. Ms. Ladd stated that the owner can build according to the original permit on helical piers if they choose. Ms. Herald stated that the plan before the commission now is an identical footprint to the previous permit, but without helical piers. Mr. Sullivan stated that all calculations were provided to the engineering department and that he believed an amended order would be viable. Ms. Ladd asked if the stormwater management plan used the updated numbers. Mr. Sullivan stated the original system was designed to include a proposed garage, and since the garage has been removed from the plan the system is oversized. Ms. Mullins asked if the commission would do a revised notice of intent or require a new notice of intent. Ms. Mullins stated the commission would need a revised letter from engineering and that the stormwater plan would need to be reviewed. Ms. Mullins added that the supplemental deadline for the next commission meeting is July 6th, 2026. The applicant requested a continuance to the next meeting, July 14th, 2026. On a motion by Mr. Whelan and seconded by Mr. Hamilton, the Commission voted 5-0 by roll call vote to continue the hearing to the next conservation commission meeting on July 14th, at the applicant’s request. Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye New Business/Pending Matters Continued at 7:35 PM Discuss and Vote to Issue Order of Conditions: 251 Waltham Street (Lexington High School), DEP #201-1387, OpenGov CNOI-26-4 Mr. Hamilton asked if there is a section in the order of conditions that includes the two requested waivers from sections of Town Bylaw discussed at the previous commission meeting. Ms. Mullins indicated that it is included in the narrative section of the order of conditions. Mr. Whelan asked if there was a section for monitoring requirements, including review of wetland flagging and groundwater conditions. Mr. Whelan suggested the applicant could update the commission regularly during construction phasing. Ms. Mullins stated that based on the phasing, the construction phasing has most wetland replication in phase 2. One exception is wetland 7 will be replicated in phase 1. Ms. Mullins stated that the timeline will require extending the order of conditions beyond three years. Mr. Olivier asked if the order should follow the text of section 9 under Town regulations for the waivers requested. Ms. Ladd confirmed that the commission discussed this during the previous meeting and determined the waivers to be reasonable and in the best public interest. Ms. Mullins suggested reviewing the flood study response from the commission’s peer review. The commission suggested edits to the narrative section regarding the two requested waivers by the applicant. Ms. Ladd inquired about whether FENO markers will be required. Ms. Mullins stated that the commission did not choose to have FENO markers installed, but the applicant will instead install signage, or another commission-approved alternative to demarcate wetlands. On a motion by Mr. Beuttell and seconded by Mr. Hamilton, the Commission voted 6-0 by roll call vote to approve and issue the order of conditions, in accordance with the discussion tonight, for 251 Waltham Street. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Abstained Ruth Ladd – Aye Thomas Olivier – Abstained Thomas Whelan – Aye Mr. Hnatko missed two meetings and is unable to vote to issue the order of conditions for 251 Waltham Street. Mr. Olivier was not a full member of the conservation commission when the hearing for 251 Waltham Street opened and is unable to vote to issue the order of conditions for 251 Waltham Street. Reports: Bike Advisory, Community Gardens, Community Preservation Committee, Enforcement Updates, Greenway Corridor Committee, Land Acquisition, Land Management, Land Steward Directors, Tree Committee None. On a motion by Mr. Whelan and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye 8:54pm Respectfully Submitted, Evan Paige Assistant Conservation Director Approved: 8/18/2026 Archived: 8/20/2026