Owner and staff to arrange site visit after brick retaining wall found inside 50‑foot buffer at 336 Lexington Road

The Natural Resources Commission reviewed a request for a certificate of compliance for work at 336 Lexington Road and found a discrepancy between the approved plans and the as‑built conditions: a brick retaining wall was installed in a location where a fence had been approved, and required monitoring reports had not been submitted.

Property owner Peter Gambino told the commission that construction decisions, including a low retaining wall near the pool, were made during work to manage grades and erosion. Gambino said the wall was installed to stabilize soil behind the pool where a steeper downhill slope would have increased erosion risk.

Commissioners said the wall is a structure that differs materially from the approved fence and requested photographs and a staff site visit to evaluate the wall’s extent and impact inside the 50‑foot buffer. The commission also noted underground pool plumbing and other installed infrastructure within the previously approved construction limits and asked staff to confirm as‑built locations for buried utilities.

Staff told the owner that required monitoring reports have not been filed; the owner said he will work with staff to prepare and submit those monitoring documents. Delia and staff agreed to schedule a site visit with the property owner and the applicant’s consultant, and the matter will return to the commission’s April 23 meeting pending the site visit and receipt of monitoring reports.

Commissioners emphasized that a fence and a retaining wall are not equivalent for buffer‑control purposes and asked for documentation to explain why a retaining wall, rather than the approved fence, was installed. The commission said staff photos and a site visit would inform whether the wall can remain as built, must be modified, or requires additional mitigation or permitting.