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Conservation commission approves patio, fence and plantings at 40 Lafayette Street with conditions
Summary
The Arlington Conservation Commission issued a negative determination for work at 40 Lafayette Street on June 4, permitting a 150 sq ft permeable patio, replacement of a chain‑link fence with an open aluminum fence, and 300 sq ft of native plantings subject to signage, maintenance and staff closeout verification.
The Arlington Conservation Commission on June 4 approved a Request for Determination of Applicability for 40 Lafayette Street that allows homeowners to replace a chain‑link fence, install a roughly 150‑square‑foot permeable paver patio and plant about 300 square feet of native vegetation, provided several conditions are met.
The commission closed the public hearing after hearing from applicants Gavin Tolless and Laura Dola, who said they want to "give some TLC" to their exclusive‑use yard by removing a 144‑square‑foot chain‑link fence, installing an ornamental aluminum open fence to allow water flow, and adding a permeable patio and landscaping. Neighbour Brad Bernowski spoke in favor, saying the work "will make the whole street just look a little bit nicer."
Commissioners and staff confirmed the parcel sits in the outer riverfront, floodplain and floodway and found no prior recorded permits for the property. The commission debated whether the small mitigation planting proposed with an RDA could be legally enforced without taking the applicant through a full Notice of Intent. Commissioner Susan Chapnik, citing outside advice, said an NOI is the only mechanism that guarantees mitigation runs with a deed; other members favored a narrowly tailored RDA to avoid setting a precedent for larger projects.
To address those concerns the commission voted to issue a negative determination conditioned on: native plantings for the required planting area; a sign or post identifying the planting area (for example, "native planting area — please do not mow"); and a staff closeout inspection or certificate confirming the plantings are in place and that the permeable paver system is installed and maintained (sweeping and routine upkeep to keep pavers permeable). The vote was unanimous by roll call.
Staff asked the applicants to provide contractor specifications for the permeable pavers and maintenance language to be attached to the determination; applicants agreed to submit the contractor's Somerville‑standard details and noted David Morgan would prepare the written determination, typically available within two weeks.
The determination allows the work to proceed under the commission's finding that with the stated conditions the small patio and related improvements will not result in an alteration requiring an NOI. The commission said future work that changes the site would need to return for review.
