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HomeMy WebLinkAbout2026-07-14-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, July 14th, 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, Philip Hamilton, Jason Hnatko, Ruth Ladd (Chair), Thomas Olivier and Thomas Whelan; Staff Present: Karen Mullins, Conservation Director, Evan Paige, Assistant Conservation Director, and Megan Guardado, Department Assistant; 6:30 PM New Business/Pending Matters Lexington Nature Trust Fund Expenditure: Game of Logging Chainsaw Training Mr. Paige stated that this training has been done in the past and that $1200 would be withdrawn from the Nature Trust Fund for the Level 1 Game of Logging Training. The training would take about half of a day. Ms. Ladd asked how many people the training can accommodate. Mr. Paige stated he was not provided with an attendance limit and that at least ten people have expressed interest in joining in on this training which would occur in Fall 2026. Ms. Mullins noted that staff can reach out to nearby towns to ask if they would be interested in participating as well and they would cover their portion of the cost as well. Mr. Olivier asked how the training would be applicable to conservation staff duties. Mr. Paige noted that Conservation currently only has one steward who is certified to use chainsaws for land management work around town. Ms. Mullins stated that the benefit of Conservation staff being trained would be for urgent needs that Stewards or the Department of Public Works staff are unable to help with. On a motion by Mr. Olivier and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to approve the expenditure of $1,200 from the Lexington Nature Trust for Game of Logging Chainsaw Training to be held in Fall 2026. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Whipple Hill Interpretative Signage, CLC Ms. Barbara Tarrh, Citizens for Lexington Conservation (CLC), presented and Ms. Miriam Boucher, CLC, was also in attendance. Ms. Tarrh stated that CLC has previously assisted in creating signage throughout the town’s conservation lands and they are currently seeking approval for interpretative signage for Whipple Hill. The focus of the proposed signage includes the origin of the bedrock at the hill and the evidence of glacial activity which can be found throughout the trails. Ms. Mullins asked for clarity that the QR codes on the sign are accurately working. Ms. Tarrh stated that these QR codes are working and that the Whipple Hill informational QR code currently has a placeholder website and will be updated to link to further information about the site. The Commission agreed to send any editorial comments regarding the signage to CLC by Friday July 17th, 2026. On a motion by Mr. Whelan and seconded by Mr. Hamilton, the Commission voted 5-0 by roll call vote to allow the Citizens for Lexington Conservation Commission to proceed with the Whipple Hill Interpretative Signage, given that the Commission has no further comments after reviewing the signage. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Recused Thomas Olivier – Aye Thomas Whelan – Aye Enforcement: MWRA, Maple Street Ms. Mullins stated that MWRA has been working on a line connection from Arlington to Burlington which was approved by the Commission through a Determination of Applicability. Ms. Mullins stated that Mr. Paige has met with MWRA onsite and sent a note of the violations onsite to MWRA including dewatering and clearing of wetlands and conservation land. Photographs of the violations were presented. The enforcement order has been issued to MWRA. On a motion by Mr. Hamilton and seconded by Mr. Hnatko, the Commission voted 5-0 by roll call vote to ratify the enforcement order that was issued by staff. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Whelan – Aye Commissioner Thomas Olivier was disconnected from the meeting during the vote and rejoined the meeting after the vote. Enforcement: 24 Turning Mill Rd Mr. Murali Pathivada, 24 Turning Mill Road, Ms. Nicole Ferrara, LEC Environmental, project wetland consultant, and Mr. Mohammad Azizi, project engineer, were all present for this discussion. Mr. Azizi, project engineer, stated that the project team has submitted an as-built plan with additional data following a site visit. The previously approved plan included repaving the existing driveway and staying at grade. Mr. Azizi stated the as-built shows two areas onsite, one where fill was installed to raise the driveway grade, and the other area was disturbed but was not previously approved for disturbance. Mr. Azizi stated that the driveway grade was increased to account for the slab being installed higher than anticipated. There is concern from the project team that returning that portion of the driveway to original grade would have an impact on the integrity of the new foundation. The applicant’s proposal for mitigation includes removal of fill, installation of pavers at the existing garage grade, and the installation of a retaining wall. Ms. Ferrara also presented a restoration planting plan to restore the slope with native shrubs and to reseed the slope and portions of the buffer zone. Mr. Beuttell stated the Commission will need time to review the planting plan as it was submitted the day of the meeting. Mr. Beuttell also expressed concern that the proposed stormwater management may not meet the required performance standards. Mr. Olivier asked for clarification on the feasibility of lowering the garage slab to meet the approved grading level. Mr. Azizi stated that the foundation needs four feet of coverage for frost coverage and lowering the level of the slab would result in losing the frost cover. Mr. Azizi stated the current contractor can work to confirm if lowering the foundation would be feasible. The driveway was built at a grade two feet higher than approved. Mr. Beuttell suggested Mr. Azizi check in with the engineering department and conservation staff regarding performance standards. Ms. Mullins stated that the driveway was meant to remain as is and did not need to meet performance standards. Ms. Mullins also stated that the driveway was bermed and installed and added into the subsurface infiltration system at the request of the Commission previously which was not required to meet performance standards. 7:00 PM New Public Meetings/Hearings Request for Determination of Applicability: 231 Bedford Street OpenGov Permit# CDOA-26-7 Applicant/Property Owner: Paula Caico (applicant), P & O Realty LLC (owner) Project: Paving of the existing parking lot and driveway resurfacing, within the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted: ⎯ WPA Form 1 – Request for Determination of Applicability; Locus: 231 Bedford Street, Lexington, MA; Prepared for: Paula Caico; Property Owner: P & O Realty LLC; Prepared by: Odilon Rodriques, P & O Realty LLC; Date: 06/11/2026 ⎯ Plot Plan; Locus: 231 Bedford Street, Lexington, MA; Prepared by: Keenan Survey; Scale: 1” = 20’; Date: 03/27/2026 ⎯ Plot Plan; Locus: 231 Bedford Street, Lexington, MA; Prepared by: Keenan Survey; Scale: 1” = 20’; Date: 09/25/2025 Mr. Odilon Rodriques, property owner, stated that they are proposing to re-pave the existing parking lot. Ms. Paula Caico, representative of P & O Realty LLC stated that the Commission requested a reduction of the size of the parking lot and removal of a portion of the existing asphalt near the wetlands. The Commission also requested the planting of native trees as mitigation. Ms. Caico stated that they are amenable to the Commission’s requests. Mr. Olivier agreed that the pavement needs to be repaved for safety purposes and stated that the snow management plan provided and proposed plantings are appropriate for the site work. Ms. Mullins noted that curb stop should be installed at the edge of the pavement nearest the wetlands. Ms. CJ Keane, 12 Fern Street, stated support for the proposal. On a motion by Mr. Hamilton and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to issue a negative determination with conditions. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Amendment to Order of Conditions: 58 Valleyfield Street OpenGov Permit# AOOC-26-7, DEP #201-1373 Applicant/Property Owner: Richard DeLuca (applicant), Gregory Rosa (owner) Project: Plan modifications including raising the proposed basement floor elevation within the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted: ⎯ Memorandum; To: Karen Mullins, Conservation Director, Town of Lexington; From: Michael Novak, P.E., Patriot Engineering; Subject: Updated ESHGW Data – 58 Valleyfield Street; Date: 06/05/2026 ⎯ Conservation Site Plan; Locus: 58 Valleyfield St, Lexington, MA; Prepared for: Richard DeLuca; Prepared by: Patriot Engineering; Signed and Stamped by: Michael J. Novak, Civil PE No. 50696; Scale: 1” = 10’; Date: 09/12/2025; Last Revised: 06/22/2026 Mr. Michael Novak, Patriot Engineering, stated that abutter notices were not sent out and the hearing will need to be continued to the next meeting date for proper abutter notification. On a motion by Mr. Hnatko and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to continue the hearing to 7/28/2026, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Continued Public Meetings/Hearings 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, 6/23/2026 Supplemental Documentation Submitted: ⎯ Memorandum; To: Lexington Conservation Commission; From: Maureen Herald, Norse Environmental Services, Inc.; Subject: 18 Saddle Club Road, Lexington, MA 02420, DEP File No. 201-1390; Date: 07/06/2026 ⎯ WPA Form 3 – Notice of Intent: Page 3; Locus: 18 Saddle Club Rd, Lexington, MA; Date Revised: 07/06/2026 ⎯ Notice of Intent Report; Locus: 18 Saddle Club Rd, Lexington, MA; Prepared for: Yousaf Sami; Prepared by: Norse Environmental Services, Inc.; Date: April 2026; Revised: 07/06/2026 ⎯ Stormwater Analysis; Locus: 18 Saddle Club Road, Lexington, MA; Prepared by: Sullivan Engineering Group, LLC; Date: 04/27/2026; Revised: 06/22/2026 and 07/07/2026 ⎯ Plot Plan of Land; Locus: 18 Saddle Club Road, Lexington, MA; Prepared for: Yousaf Sami; Prepared by: Sullivan Engineering Group, LLC; Date: 07/06/2026 Ms. Maureen Herald, Norse Environmental, presented a revised plan and stated that modifications to the project have been made including reduction of the size of the rear deck and the proposed garage was relocated onto the existing driveway to be attached to the existing house. Ms. Herald also stated that an additional planting area has been added to the plan to address the 2:1 mitigation requirement. Mr. Beuttell asked how they determined which plantings are mitigation for the violations onsite and which restoration plantings address the required 2:1 mitigation planting for the new filing. Mr. Beuttell also asked how the limit of violation line was determined. Ms. Herald stated that the area of clearing was presented to the Commission, and mitigation has been proposed based on that area of violation. Ms. Ladd noted that the vegetation removed was not invasive species as claimed by the applicant. Mr. Jack Sullivan, Sullivan Engineering, stated that the original edge of lawn was considered the wetland line and the enforcement action was approved as restoring the 25-foot buffer zone. Mr. Whelan stated that the area of mitigation should accurately represent the extent of clearing onsite. On a motion by Mr. Hamilton and seconded by Mr. Beuttell, the Commission voted 6-0 by roll call vote to continue the hearing to 7/28/2026, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas 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), 5/19/2026 (no testimony), 6/9/2026 Supplemental Documentation Submitted: ⎯ Memorandum; To: Abby McCabe, Planning Director; From: Frederick W. Russell, PE; Subject: 114 Wood Street, Special Residential Development, Lexington, Massachusetts, Planning Board Site Plan & Wetlands Protection Peer Review; Date: 07/04/2026 ⎯ 114 Wood Street Special Residential Development; Locus: 114 Wood St, Lexington, MA; Prepared for: Seaver Construction; Prepared by: Keenan Survey; Date: 03/12/2026; Revised: 06/30/2026 ⎯ Stormwater Management Report; Locus; 114 Wood St, Lexington, MA; Prepared for: Seaver Construction; Prepared by: Frederick W. Russell, PE; Date: 06/30/2026 ⎯ Memorandum; To: Lexington Conservation Commission; From: Richard A. Kirby, LEC; Subject: Supplemental Information, Notice of Intent Application: DEP File #: 201-1389, 114 Wood Street (Assessor’s Map 59, Lot 175), Lexington, Massachusetts; Date: 07/07/2026 Mr. Rich Kirby, LEC, presented, Mr. Steven Zieff, Seaver Construction and Mr. Fred Russell, project engineer, were in attendance. Mr. Kirby stated that at the previous hearing, a concept plan reducing the total number of units by three was presented, which would result in reduction of work previously proposed within the Isolated Land Subject to Flooding (ILSF) buffer zone. The ILSF buffer zone is now proposed to only have construction access and act as a turnaround in a corner of the buffer. Mr. Kirby noted that the landscaping plan will be revised to reflect the plan revisions and screening around the driveway. The Commission requested a plan showing all steep slope grading overlain on the development plan to verify if the proposal meets their steep slope criteria. Mr. Kirby stated that he will work with the project engineer to provide the requested documentation prior to the next meeting. Mr. Beuttell stated that the peer review letter had comments regarding a minimum ten-foot distance between water lines and the infiltration systems and asked for clarification on this. Mr. Russell stated that the Engineering Department no longer requires the ten-foot distance and asks for plans to be a minimum of five feet now and asked the peer reviewer to confirm. Mr. Mike Carter, GCG Associates, stated that he needs to review the regulations to confirm the answer and will follow up. Ms. Mullins noted the supplemental peer review has not been finalized yet. Ms. Margie Brown, Natural and Cultural Resource Manager for the Minuteman National Park, stated that the parcel is within the administrative boundary of the Minuteman National Historic Park and that the Park Superintendent submitted a letter of concerns to the Commission on July 1st, 2026. Ms. Brown noted that the legislated intent on this parcel was that it remain with only a single-family dwelling or be conveyed to the National Park Service. Ms. Brown also raised concerns for the removal of vegetation within the Vernal Pool Buffer Zone as part of restoration measures proposed and concerns for the impact of restoration measures on local amphibians and reptiles. Mr. Kirby responded that the unit count within the buffer zone has been reduced from nine to seven and that the restoration proposed is to restore land that has already been altered. Ms. Brown asked for clarification from the Commission whether the disturbance of the Vernal Pool Buffer caused from restoration efforts is allowable. Mr. Beuttell stated that any temporary impacts would be outweighed by the long-term impacts of restoring the Vernal Pool Buffer. Mr. Dave Armstrong, 21 Hayward Avenue, expressed concerns for the type of plantings proposed and the path within the Vernal Pool Buffer Zone. Ms. Mullins stated that the path is proposed at the request of the Greenway Corridor Committee and it is intended to keep the path as the existing single-track. Mr. Kirby stated that there are two planting plans, one involving strictly restoration plantings with native species, and one for landscaping purposes. Ms. Brown stated that the white pines onsite provide habitat for bat species and requested that these remain within the vernal pool buffer zone. Mr. Kirby stated that no woody vegetation within the Vernal Pool Buffer will be altered. Ms. Janet Lane, 21 Hayward Avenue, asked if there would be any protection to the vernal pool from pesticides or other chemical sprays for bugs and insects. Ms. Ladd stated that use of pesticides is not permitted within wetland jurisdiction and that they cannot regulate outside of the resource areas and associated buffer zones. Ms. Lane asked if there would be any disturbance to the existing stone wall that may occur from installing plants. Mr. Kirby stated that there should be no damage to the stone wall from the proposed plantings as they will be done by hand with small shovels. On a motion by Mr. Olivier and seconded by Mr. Hnatko, the Commission voted 6-0 by roll call vote to continue the hearing to 7/28/2026, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye New Business/Pending Matters, continued Approve Minutes: 5/19/2026, 5/26/2026, and 6/4/2026 On a motion by Mr. Whelan and seconded by Mr. Hamilton, the Commission voted 6-0 by roll call vote to approve the 5/19/2026 minutes. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye The 5/26/2026 minutes and the 6/4/2026 minutes review will be postponed until the next meeting. Request for Certificate of Compliance: 181 Marrett Rd, DEP #201-1245, OpenGov CNOI-21-42, COC-23-36, Full Ms. Mullins stated that she reviewed the final restoration plan and visited the site. Ms. Mullins stated there is a portion of restoration area that is still being mowed and will need further time for growth. Ms. Nicole Ferrara, LEC, stated that she will confirm the owner has ceased mowing in this area. Request for Certificate of Compliance: 2 Farm Rd (Formerly 4 Lillian Rd), DEP #201-1306, OpenGov CNOI-23-28, COC-25-16, Full Ms. Mullins stated that this site is in compliance and ready for issuance of the Certificate of Compliance. On a motion by Mr. Beuttell and seconded by Mr. Hamilton, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Request for Certificate of Compliance: 468 Marrett Rd, DEP #201-427, BL #382, OpenGov COC-26-1, Full Ms. Mullins stated that the Order of Conditions for this project was issued in 1998 and the applicant has provided a sufficient as-built plan and explanation of any deviations. Ms. Mullins asked to confirm if the entire addition is being captured in the infiltration system. Mr. Dave Robinson, Allen and Major Associates, stated that a new gutter was installed on the addition to accommodate runoff and that additional plantings have been installed. On a motion by Mr. Beuttell and seconded by Mr. Hamilton, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Request for Certificate of Compliance: 65 Winter St, DEP #201-1313, OpenGov CNOI-24-4, COC-26-10, Full Ms. Mullins stated that this site is in compliance with the order and drainage was corrected on the site as requested by the Engineering Department. A drain line was added that outlets outside of the 50-foot buffer zone. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to issue the Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Request for Certificate of Compliance: 320 Concord Ave, DEP #201-1300, OpenGov CNOI-23- 23, AOOC-24-5, COC-26-11, Full Ms. Mullins stated that she visited the site today and will be following up with the applicant on items from her site visit. Request for Certificate of Compliance: 23 Turning Mill Rd, DEP #201-1305, OpenGov CNOI- 23-32, COC-26-12, Full Ms. Mullins stated that the Feno bound required for installation was missing onsite. The restoration plantings were installed in 2024 and there is still one more year of monitoring to be completed. Request for Certificate of Compliance: 232 Lincoln St, DEP #201-1349, OpenGov CNOI-25-1, COC-26-13, Partial Ms. Mullins stated that this site is not ready for a Certificate of Compliance and she will follow up with the applicant. Request for Certificate of Compliance: 178 Waltham St, DEP #201-1359, OpenGov CNOI-25- 13, COC-26-14, Partial Ms. Mullins stated that this site is not ready and that she has provided the applicant with a list of items to be addressed prior to issuance of a Partial Certificate of Compliance. Schedule site visits: 7/28/2026 Meeting The site visits will be scheduled for Tuesday July 21, 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 None. On a motion by Mr. Hamilton and seconded by Mr. Beuttell, 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 9:17pm Respectfully Submitted, Megan Guardado LUHD Department Assistant Approved: 8/18/2026 Archived: 8/20/2026