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HomeMy WebLinkAbout2026-07-28-ConCom-min.pdf Meeting broadcasted by LexMedia PUBLIC MEETING MINUTES Conservation Commission ___________________________________________________________________________ AGENDA Tuesday, July 28th, 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, Hope Dehmlow Dunne, Philip Hamilton, Jason Hnatko, Ruth Ladd (Chair), Thomas Olivier and Thomas Whelan; Staff Present: Karen Mullins, Conservation Director, and Megan Guardado, Department Assistant; 6:30 PM New Business/Pending Matters Ms. Ladd began the meeting by welcoming the Commission’s newest member, Hope Dehmlow Dunne. Restoration Follow Up Discussion: 20 Cooke Road The Commission recently visited the site at 20 Cooke Road and the homeowner, Mr. Chengwei Su, is requesting further guidance on restoration efforts required. Ms. Ladd presented the site plan and stated that no mowing is permitted beyond the Feno markers up to the sidewalk. Mr. Su stated that he will speak with the landscapers for this property to prevent further mowing past the Feno bounds. Mr. Beuttell asked to clarify that all Feno markers have been installed according to the approved plan. Mr. Hnatko stated that all Feno markers were installed onsite, but he did not have opportunity to match them to the approved plan. Mr. Beuttell also noted that if the mowing does not cease, the Commission may need to follow up with additional enforcement action. Mr. Hamilton suggested that the Commission revisit the site in the fall to follow up and verify that mowing has ceased. Mr. Whelan suggested that the grass in the area being mowed be removed and a seed mix be installed instead. Mr. Hnatko noted that native plant species substitutions are acceptable if the surviving plants are the same quantity approved and in the same locations in the approved restoration plan. The Commission agreed to follow up in October with the homeowner and to continue with the originally approved restoration plan. MWRA, Maple St Enforcement Update and Restoration Plan Review and issue Amended Enforcement Order if ready Mr. Jack McNulty, RJV Construction, Ms. Julie Sullivan Thakur, MWRA, Mr. Alejandro Alvarez, MWRA, and Mr. Will Walkup, project manager, were all present for the discussion. Mr. McNulty stated that the project wetland consultant from GZA visited the site and they provided a restoration plan to staff the day prior to the meeting. Mr. McNulty asked what expectations are for the quantity of required mitigation plantings to restore the disturbed wetlands. Ms. Mullins suggested planting plugs and shrubs to revegetate the disturbed area on Town-owned land and asked if the square footage of the disturbed area had been calculated. Ms. Sullivan Thakur stated that the consultant estimated 1,200 square feet of disturbance within the BVW, but MWRA does not have an exact figure for the square footage of disturbance on town land. There was fill brought in up to the wetland line and any fill will be vacuumed/hand excavated to return the site to native soil. Mr. McNulty stated that a seed mix will be installed along with nine trees, and MWRA will revise the plan to specify the type of wetland seed mix proposed. Mr. Olivier stated that dewatering into the frack tank on Emerson Gardens Road is ongoing and asked to clarify if this was ordered to cease per the enforcement order issued. Mr. Olivier stated that work has continued on Maple Street and equipment has been staged on Emerson Gardens Road. Mr. Alvarez stated that the enforcement order called for dewatering to be ceased and MWRA has ceased dewatering in the street so that water did not discharge into the wetlands. The dewatering that is ongoing is being discharged into the catch basin on Emerson Gardens Road. Mr. Walkup read the enforcement order and noted that work not directly impacting the buffer zone could continue. Mr. McNulty listed the remaining work to be completed outside of the buffer zone and stated that there will not be any materials stockpiled onsite and no further dewatering is to be done. 7:00 PM New Public Meetings/Hearings 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  Engineering Comments; From: Marissa Martel; Date: 07/13/2026  Applicant Response to Engineering Comments Email; From: Mike Novak, Patriot Engineering; Date: 07/14/2026  Engineering Comments 2; From: Marissa Martel; Date: 07/14/2026 Mr. Michael Novak, Patriot Engineering, presented and stated that the applicant is requesting an amendment to the Order of Conditions to raise the basement floor elevation to re-establish a 1.1- foot separation from the groundwater elevation. The proposed change allows the sump pump elevation to be raised. Mr. Alek Chongris, Chongris Engineering, stated that he performed two soil tests to confirm groundwater elevations onsite were roughly 36 to 40 inches below ground. Ms. Ladd asked to verify that Mr. Chongris considered in his review that Lexington has been in a drought this year. Mr. Chongris confirmed this was considered in his review and that the estimated average was taken. Mr. Novak stated the project engineers have been monitoring the hole onsite, and the water levels have stayed consistent over time. Mr. Beuttell asked Ms. Ladd to clarify the soil conditions she saw onsite. Ms. Ladd stated that she saw redox features higher along the edge of the foundation on the right side of the property. Mr. Novak stated that the excavated hole has been exposed to the elements which can result in the soil color discrepancies Ms. Ladd noted. Ms. Mullins asked if there are other options rather than a pump such as a rubber membrane. Mr. Novak noted the rubber membrane is to be installed around the perimeter of the foundation and that Zoning would not permit the house to be risen any higher than is proposed. Mr. Hamilton noted that the Commission can require a peer reviewer to be engaged to verify the groundwater levels onsite and suggested this be done. Mr. Novak stated that Mr. Chongris was contracted to verify the groundwater level once discovered it was higher than previously expected. Mr. Chongris asked if the Board of Health could witness the test pit to verify. Ms. Mullins clarified that the Town of Lexington does not have staff certified to witness test pits. The homeowners, Mr. Gregory Rosa and Ms. Megan McLaughlin, stated that conservation staff was onsite to witness the test pits with Mr. Chongris and asked that an additional peer review not be required. Ms. Mullins stated that the concerns are engineering related and that the engineering department has provided satisfactory review comments for the amendment based on the updated data. On a motion by Mr. Hamilton and seconded by Mr. Beuttell, the Commission voted 7-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye On a motion by Mr. Beuttell and seconded by Mr. Hnatko, the Commission voted 7-0 by roll call vote to issue the Amended Order of Conditions. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Request for Determination of Applicability: 1 Lillian Road OpenGov Permit# CDOA-26-8 Applicant/Property Owner: Nora O’Keefe, NSTAR Electric dba Eversource Energy (applicant), Boston Edison Company, c/o Eversource Tax Department (property owner) Project: The installation of spare autotransformer pads, exploratory test pits and soil borings in the existing substation, within the 200-foot Riverfront Area and the 100-foot buffer zone to Bordering Vegetated Wetlands and 100-foot buffer zone from Bordering Land Subject to Flooding (Local Code). Documentation Submitted:  WPA Form 1 – Request for Determination of Applicability; Locus: 1 Lillian Rd, Lexington, MA; Prepared for: NSTAR Electric d/b/a Eversource Energy; Property owner: Boston Edison Company, c/o Eversource Tax Dept.; Prepared by: Greg Hochmuth, Epsilon Associates, Inc.; Date: 7/06/2026  Sta. 351 Wetland Delineation Plan; Prepared by: Epsilon Associates Inc.; Prepared for: Eversource Energy; Scale: 1” = 50’; Date: 04/28/2026  Memorandum: To: Lexington Conservation Commission; From: Greg Hochmuth, Epsilon Associates, Inc.; Date: 07/07/2026  Site Photos; Locus: Station 351, 1 Lillian Road, Lexington, MA; Date: 03/26/2026  Bordering Vegetated Wetland Determinations Forms; Locus: 1 Lillian Rd, Lexington, MA; Prepared by: Greg Hochmuth and Jonathan Chidekel; Date: 03/26/2026 The applicant has requested a continuance to the August 18th meeting. On a motion by Mr. Olivier and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to continue the hearing to 8/18/2026, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Notice of Intent: 19 Peacock Farm Road OpenGov Permit# CNOI-26-7, DEP #201-1391 Applicant/Property Owner: Susannah and Mark Castrovini Project: Construction of an addition, driveway, stormwater management infrastructure, and other site appurtenances within the 100-foot buffer zone to Bordering Vegetated Wetlands. Documentation Submitted:  WPA Form 3 – Notice of Intent; Locus: 19 Peacock Farm Road, Lexington, MA; Prepared for: Susannah and Mark Castrovinci; Prepared by: Nathanial Cataldo, Stamski and McNary, Inc.; Date: 06/22/2026  Notice of Intent Packet; Locus: 19 Peacock Farm Rd, Lexington, MA; Prepared for: Susannah and Mark Castrovinci; Prepared by: Stamski and McNary, Inc.; Date: 07/06/2026  Plan Set: Sheet 1, “Stormwater Management Plan”, Sheet 2, “Construction Details”; Locus: 19 Peacock Farm Rd, Lexington, MA; Prepared for: Susannah Ford Castrovinci; Prepared by: Stamski and McNary, Inc.; Signed and Stamped by: George Dimakarakos, Civil PE No. 41281; Scale: 1” = 10’; Date: 07/06/2026  Stormwater Management Report; Locus: 19 Peacock Farm Road, Lexington, MA; Prepared for: Susannah Castrovinci; Prepared by: Stamski and McNary, Inc.; Signed and Stamped by: George Dimakarakos, Civil PE No. 41281; Date: 07/06/2026  Bordering Vegetated Wetlands Determination Form; Locus: 19 Peacock Farm Rd, Lexington, MA; Prepared by: David Crossman, B&C Associates, inc.; Date: 04/09/2026 The applicant has requested a continuance to the August 18th meeting. On a motion by Mr. Olivier and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to continue the hearing to 8/18/2026, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Continued Public Meetings/Hearings 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, 7/14/2026 Supplemental Documentation Submitted:  Shallow UIC Class V Injection Well to Water Supply Line Setback Requirements Email; To: Karen Mullins; From: Michael Carter; Date: 07/15/2026  Standard Design Guidelines for Shallow UIC Class V Injection Wells; Prepared by: The Executive Office of Energy and Environmental Affairs; Date: 04/06/2016  Memorandum: To: Water Division Directors, Regions 1-10; From: Linda Boornazian, Director, Water Permits Division (MC 4203M), and Steve Heare, Director, Drinking Water Protection Division (MC 4606M); Subject: Clarification on which stormwater infiltration practices/technologies have the potential to be regulated as “Class V” wells by the Underground Injection Control Program; Date: 06/13/2008  Offsite Stormwater Analysis; Locus: 114 Wood St, Lexington, MA; Prepared by: Frederick W. Russell, Jr, Civil PE No. 36713; Date: 07/21/2026  114 Wood Street Special Residential Development Plans: Sheet 1, “Locus Context Plan:, Sheet 2, “Existing Conditions”, Sheet 3, “Site Analysis Map”, Sheet 4, “Erosion Control Plan”, Sheet 5, “Property Rights Plan”, Sheet 6, “Proposed Site Layout”, Sheet 7, “Site Construction Plan”, Sheet 8, “Site Construction Plan I”, Sheet 9, “Site Construction Plan II”, Sheet 10, “Utilities Plan & Profile”, Sheet 11, “Construction Details I”, and Sheet 12, “Construction Details II”; Locus: 114 Wood St, Lexington, MA; Prepared for: Seaver Construction; Prepared by: Keenan Survey; Signed and Stamped by: Frederick W. Russell, Jr, Civil PE No. 36713; Date: 03/12/2026; Revised: 06/30/2026 and 07/21/2026  Landscaping Plan Set: Sheet 9, “Landscape Plan I”, Sheet 10, “Landscape Plan II”, Sheet 11, “Landscape Details”; Prepared for: Seaver Properties LLC; Prepared by: Laurie Tarr Ellsworth, Landscape Architecture, LLC; Date: 08/26/2025; Revised: 07/12/2026 and 07/21/2026  Buffer Zone Mitigation & Restoration Planting Plan; Locus: 114 Wood St, Lexington, MA; Prepared by: LEC Environmental Consultants, Inc.; Date: 07/22/2026 *Applicant has requested a continuance of the hearing without testimony from 7-28-2026 to 8- 18-2026 On a motion by Mr. Olivier and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to continue the hearing to 8/18/2026, at the applicant’s request. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas 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). Previous Hearing Dates: 5/19/2026, 6/9/2026, 6/23/2026, 7/14/2026 Supplemental Documentation Submitted:  Engineering Comments 2; Date: 07/22/2026 Ms. Ladd stated that in the previous hearing, it was agreed that the only remaining item was for the town Engineering Department to issue a positive memorandum. Mr. Yousaf Sami, 18 Saddle Club Road, and Mr. Jack Sullivan, Sullivan Engineering, were present for the hearing. Mr. Sullivan provided an overview of the proposed project. The engineering department has issued a positive review memorandum. On a motion by Mr. Beuttell and seconded by Mr. Hamilton, the Commission voted 7-0 by roll call vote to close the hearing. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye New Business/Pending Matters, Continued 237 Bedford Street Compliance Update Ms. Ladd stated that a deck was permitted onsite and was built much larger than was approved by the Commission. The deck was built within the 50-foot buffer zone to wetlands. Ms. Mullins stated that revised plans were submitted to the building permit record after being released by conservation staff and after staff met with the project team onsite for the pre-construction meeting. Ms. Mullins has met with the owners and their consultant to discuss options for correcting the violation including reducing the footprint of the deck. Vegetation including grass has been cleared on the site as well. Mr. Whelan stated that the homeowners are aware of the violations onsite and suggested issuing a formal enforcement order requesting a plan for corrective actions. Mr. Beuttell suggested stating in the enforcement order that the expansion of the deck must be removed or an alternative solution of mitigation must be presented to the Commission along with proposed landscaping resolution. The Commission agreed to a timeframe of 45 days for the homeowners to provide an as-built with engineer certification to the Commission for review. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to issue Enforcement Order. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye 25 Maple St Discussion and ZBA Comments and Planning Board Comments Ms. Mullins stated that the Commission should provide comments for the preliminary subdivision plan before the planning board. There has been unapproved filling onsite and LEC Environmental Services has been contracted by the contractor to delineate the wetlands. LEC flagged an Isolated Wetland on the rear of the property. Ms. Mullins stated that soils surrounding the wetland and on a portion of the town owned parcel abutting 25 Maple St were disturbed and trees and vegetation were plowed over by construction equipment in 2025. The contractor was instructed in Fall 2025 to present a restoration plan to the Commission for approval. Ms. Mullins stated that the contractor has applied for a ZBA permit to receive a special permit to keep the fill onsite and submitted a preliminary subdivision plan with the Planning Board. The Commission noted concern that the preliminary plan does not meet their performance standards and agreed that a restoration plan needs to be provided as enforcement. Mr. Beuttell stated that the applicant and contractor should submit a restoration plan within 30 days as part of the enforcement order. On a motion by Mr. Whelan and seconded by Mr. Hamilton, the Commission voted 7-0 by roll call vote to issue Enforcement Order. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Approve Minutes: 5/26/2026, 6/4/2026, 6/9/2026, and 6/16/2026 On a motion by Mr. Whelan and seconded by Mr. Hnatko, the Commission voted 5-0 by roll call vote to approve the 5/26/2026 minutes. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Abstain Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Abstain Thomas Whelan – Aye On a motion by Mr. Whelan and seconded by Mr. Beuttell, the Commission voted 5-0 by roll call vote to approve the 6/4/2026 minutes. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Abstain Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Abstain Thomas Whelan – Aye On a motion by Mr. Olivier and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to approve the 6/9/2026 minutes. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye On a motion by Mr. Olivier and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to approve the 6/16/2026 minutes. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Request for Certificate of Compliance: 27 Constitution Rd, DEP #201-1219, OpenGov CNOI- 21-11, COC-26-15, Full Ms. Mullins stated that this project included multiple addresses and the work at 27 Constitution Road has been completed in compliance with the Order of Conditions. On a motion by Mr. Hamilton and seconded by Mr. Whelan, the Commission voted 7-0 by roll call vote to issue the Full Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Jason Hnatko – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Request for Certificate of Compliance: 22 Constitution Rd, DEP #201-1362, OpenGov CNOI- 25-17, COC-26-16, Partial Ms. Ladd stated that there have been plan changes which have not been approved yet as insignificant plan changes and suggested that the Commission first approve of the plan changes. Ms. Mullins stated that all work on site has been completed and the only item remaining for a full Certificate of Compliance is the three-year monitoring period. On a motion by Mr. Hamilton and seconded by Mr. Olivier, the Commission voted 6-0 by roll call vote to approve of the plan changes as insignificant plan modifications. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye *Commissioner Jason Hnatko left the meeting during this discussion. On a motion by Mr. Beuttell and seconded by Mr. Whelan, the Commission voted 6-0 by roll call vote to issue the Partial Certificate of Compliance. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye Schedule site visits: 8/18/2026 Meeting The site visits will be scheduled for Tuesday August 4th, 2026, and Tuesday August 11, 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. Olivier, the Commission voted 6-0 by roll call vote to adjourn the meeting. Record of Vote as Follows: Kevin Beuttell – Aye Hope Dehmlow Dunne – Aye Philip Hamilton – Aye Ruth Ladd – Aye Thomas Olivier – Aye Thomas Whelan – Aye 9:00pm Respectfully Submitted, Megan Guardado LUHD Department Assistant Approved: 9/8/2026 Archived: 9/15/2026