Conservation Commission

MINUTES - FITCHBURG CONSERVATION COMMISSION Page 1 April 03, 2024 CITY OF FITCHBURG FITCHBURG CITY CLERK CONSERVATION COMMISSION Aug 01 2024 12:45 pm MEETING MINUTES Wednesday April 3, 2024 NOTE: This was a Hybrid meeting in the Legislative Building, 700 Main St. Unless otherwise noted, persons listed below were in person. To view the full video of the meeting please visit: https://videoplayer.telvue.com/player/yycCAZPb0NN3zj2o5qio- YFMNC43NjCG/playlists/9472/media/865902 COMMISSIONERS IN ATTENDANCE: Tracey Sarefield, Mike Donnelly, Joyce Jacobs, Mark Christian, Sean-Michael Tantinarawat, (5) Associate Commissioners: Brad Pelletier, Katherine Wallace STAFF IN ATTENDANCE: Herlin Jaime, Nick Erickson CALL TO ORDER: Meeting called to order at 6:06 p.m. in the Legislative Building, 700 Main St. Ms. Sarefield read an introduction stating the mission statement of the Commission, the role & responsibilities of the Conservation Commission and offered suggestions on participating remotely. ANNOUNCEMENTS: • City of Fitchburg Celebrates: Earth Day 2024 o There will be an Earth Day event at Riverfront Park on Sunday April 21st that will include a number of vendors and events, including a clothing and plant swap. PUBLIC HEARINGS: Request for Determination of Applicability – 80 Sheldon Rd. Hearing Opened Present: Douglas Best Proposing a garden shed on the left side of the driveway, but a portion of the area would be located in the 50 foot buffer. Herlin and Joyce did go to the site and noticed some erosion on that portion of the property and suggested another location. The other location Mr. Best suggested did have some water pooling so it was advised that would not be a good location either. Pictures were shown of the proposed area and there is a significant slope. Joyce stated in order to stabilize the shed on the proposed area it would need to be engineered and a retaining wall added to have a level ground. This would require a Notice of Intent. There is a turnaround area at the end of the driveway where the yard is more level than the proposed area. This would be out of the 50 foot buffer, but still in the 100 foot buffer. Mr. Best suggested installing the shed on the slope using sonotubes, but that would require a Notice of Intent and engineered plans to but submitted. Motion made (Joyce) & seconded (Mike) to continue to May’s meeting pending a site visit. 03/21/2024 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 2 April 03, 2024 Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Request for Determination of Applicability – Shattuck Sawmill Trail Footbridge Hearing Opened Present: Mike O’Hara and Larry Casassa (Fitchburg Trail Stewards) There is a trail that runs from a parking lot on Rindge Rd over Falulah Brook. The bridge that runs over the Brook was impassable and in danger of collapsing. The Water Department has since removed the bridge and a replacement bridge is being proposed. The bridge would be no more than 4 feet wide so all- terrain vehicles cannot use the bridge. The span will expand past the retaining wall on each side in case the retaining wall does give out. The Water Department has offered to donate the cost of materials and the Fitchburg Trail Stewards will construct the bridge. Public Comment: None Commission Comment: Mike: The plans state the bridge will be 5 feet wide, but you are reducing it to 4 feet? Mr. Casassa: Yes. We are going to reduce it because we only want foot traffic on the bridge and ideally only one person at a time to reduce the load on the bridge. Department Comments: Nick Erickson speaks in support of the project and feels the bridge is more than adequate to handle the traffic it will see. There will be minimally invasive to the area—little to no excavation. Motion made (Joyce) & seconded (Mike) to accept the negative determination of applicability for the Shattuck Sawmill Trail Footbridge Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Request for Determination of Applicability – Invasive Removal Riverfront Park Hearing Opened Present: Dr. Jessica Powell (Nashua River Watershed Association) Proposed invasive removal at Riverfront Park using pruners, maybe a hand saw and other hand tools. The known invasive species in the area are Japanese Knotweed, Purple Loosestrife, Tree of Heaven, possibly Multiflora Rose. Work areas are on both sides of the bank. All brush collected will go into a brush dumpster donated by Bin There Dump That. Japanese Knotweed will be bagged in plastic bags to avoid spread. Public Comment: None Commission Comment: Sean-Michael: Are there any further plans after cutting the Japanese Knotweed? Simply cutting the Knotweed encourages growth under the ground and spreads faster. 03/21/2024 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 3 April 03, 2024 Dr. Powell: If the City is serious about treating the Knotweed problem I suggest following up with an herbicide application. The Nashua River Watershed does not have a licensed applicator that can do that. Department Comment: Nick Erickson supports this project. There are many parks with limited number of employees to maintain those parks, so any volunteer efforts is greatly appreciated. The City is discussing both the suffocation technique and hiring a third party to treat the Knotweed. At the moment the discussion remains ongoing. Motion made (Joyce) & seconded (Mike) to accept the negative determination of applicability Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Request for Determination of Applicability – 112 Westminster St (continued from 03/06/24) Hearing Re-Opened Present: Steve DeBettencourt (Applicant) The Conservation Commission visited the site on 3/17. It was determined that there was current erosion occurring on the head wall to the riverbank. The Commission ran some conditions for the shed removal by Mr. DeBettencourt which he agrees to. • Removal of the shed to be done by hand—no mechanical or heavy equipment • The dumpster to be placed on the Northeastern side of the property—not on the left side along the brook • Remove and dispose of the concrete foundation properly and add crushed, mid-sized stone to be placed to help alleviate runoff into the river. This stone should also be added to the existing erosion channel to stabilize the bank • A Certificate of Compliance shall be obtained by the Commission prior to any deed transfer Public Comment: None Commission Comment: Mike: My thoughts are if stone can be placed there by hand then it can be removed by hand. Placing stone on the bank by machine would be a longer term solution. The machine doesn’t have to be on the bank to get the stone on the bank. If the stone is big enough it will stay. Motion made (Joyce) & seconded (Mike) to accept the negative determination of applicability with the conditions described above. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Notice of Intent – Oakhill Country Club Solar LLC, Oakhill Country Club, Shea St. (continued from 03/06/24) Oakhill Country Club Solar LLC has asked for a continuance to May’s meeting. Motion made (Joyce) & seconded (Mike) to continue to May’s meeting. 03/21/2024 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 4 April 03, 2024 Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Joyce has recused herself from the meeting. Notice of Intent –Mad River Solar Holdings, LLC, Ground Mounted Solar Array, 0 Ashburnham St (continued from 3/06/24) Present: Joe Bush, Matthew Bombaci (Bohler Engineering), Becky Koze (Convergent), Kristen McCabe (Convergent) This project received an approved Order of Conditions in 2019 and a superseding order in 2022. The project has since been sold to the new applicant and are filing a new Form of Intent with the Commission. Changes that have been made include reducing the overall solar array by an acre and a half and updates to the storm water management system. Storm water updates used some extreme precipitation data rather than the standard TR40 data to measure rainfall. Stormwater basins will be increased by about 125% or about 7,500 cubic feet. Proposing a series of swales that is equal about 1500 sq. ft and check dams to collect water and direct it where it needs to go. A peer review was completed on January 3rd and updated plans and drainage calculations have been submitted as of a week ago. They have not received a response or further comments on the peer review as of yet. Previous comments received touched upon erosion control and the main concern was vegetation after the panels were installed. Installing the panels causes a lot of disturbance to the ground during installation and in other projects developers have left the ground in that state. The applicant is committed to assuring the ground is full vegetated, stabilized, and collecting runoff. EPA requirement is 70% vegetative coverage after installation, but they are committing to 90% before any request of Certificate of Compliance. Vegetation will be evaluated for three growing seasons and an O&M plan will also include inspections for signs of erosion. If there are any signs of erosion or dead vegetation in the future it is to be removed and re-vegetated. Mark: Previously the Southern side of the project was going to be put in a Conservation Restriction, does that still hold true? Do we need to go to the land owner to give us an answer on whether the unused land will be put in a Conservation Restriction? Mr. Bush: Our team will review the 2019 decision and go back to the landowner to see where that is left. Herlin: I have to do my due diligence and research what jurisdictional rights we have on imposing a Conservation Restriction to a property owner. I’m not sure it falls within the Wetlands Protection Act. Becky Koze: I’m not sure if the Southern side that was initially supposed to go to a Conservation Restriction has already, but I suspect that would happen if it hasn’t already. Mike: I am directing this comment to Dillis & Roy to consider. Comment 17 states that proposed stormwater basins and swales will be installed prior to any portion of the solar array. Can we get a finished basin installed and growing or at least substantially completed before construction begins? Then we’d have a guarantee that they are done when the project is done. 03/21/2024 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 5 April 03, 2024 Mike: Also, comment 19 stated “The proposed 18 inch culvert is calculated to have a capacity exceeding the 25 year storm event. We are getting more rain events, the 25 year event is standard practice but are the recent rain events beyond standard practice? Mr. Bombasi: The 25 year event used is the extreme precipitation model, so it’s a little more than a traditional 25 year storm event. Mike: I would ask Dillis to take a look and see if they agree with the calculations. Public Comment: Joyce Jacobs (778 Ashburnham St) – Ms. Jacobs is speaking as an abutter on behalf of the neighborhood and not a member of the Commission. The 2019 project plans included a wetland that flows along Stickney Rd, on the outer edge of the property, that Mr. DeNeufville agreed placing in Conservation Restriction as part of approval. Eileen Sheehan (227 Stickney Rd.) – Stickey Rd is to the east of the property, not the south. Motion made (Mike) & seconded (Sean-Michael) to continue until Bohler can return comments from third party review. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Joyce Jacobs has rejoined the meeting. Notice of Intent –City of Fitchburg, Twin Cities Rail Trail – Phase 2 (continued from 03/06/24) Present: Andrea Kendall (LEC Environmental Consultants), Marlin Huile (Transportation Engineer, Stantec) The project was continued pending abutter signatures. At this time they have not received all the signatures but the situation has been discussed with Herlin and Amy Leblanc, and Mass DOT will be constructing this project so they wish to continue with the Order of Conditions. Public Comment: None Commission Comment: Joyce: We may need to add some sort of verbiage in the Order of Conditions stating that the eminent domain needs to be completed before they proceed with the project. Herlin: The taking is going to happen regardless. There is an administrator with the Road Division of Mass DOT that can get us that verbiage that could be provided to us. Joyce: We can issue an Order of Conditions with standard conditions and if Mass DOT feels we should add verbiage then we can modify the OOC. Motion made (Mike) & seconded (Joyce) to approve an Order of Conditions with standard conditions. 03/21/2024 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 6 April 03, 2024 Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Notice of Intent- 155-744 Brennan Industries, Inc. Construction of a single family home, 28 Goodfellow Dr. (continued from 03/06/24) Present: Anthony Cleaves (Haley Ward) Updates since last meeting: Noted locations of Conservation signs that will be placed on 4x4 inch pressure treated posts. A below grade propane tank is on the left hand side of the house outside the buffer zone. The sewer ejection pump has been changed from an indoor unit to an outdoor unit, outside the buffer zone. The front porch was going to go across half of the front of the house, but will now go across the whole house. Contractors received a copy of the updated covenant on an area with a provision to maintain a 15 foot uncleared area along the property lines. They did not have this information in the beginning and updated plans to comply with the covenant. However on the westerly part of the property it was previously cleared and notation was made on the plans that it was not cleared as part of this project. Public Comment: James McNamara (10 Goodfellow Dr) – It seemed that the house on this lot is located more towards my property, but there is a provision of the covenant stating that houses should be midway between houses on abutting properties. This is not within Conservation Commission jurisdiction and Mr. McNamara will address this concern with developers separately. Commission Comment: Joyce: We will allow the two foot top off of concrete. It was 803 and we will allow 805 to address any storm water runoff going to Mr. McNamara’s property. Any higher will need to be approved once again by the Commission. Mr. Cleaves: Can we have a discussion about using an alternative style “No Disturb” Conservation signs, perhaps green like other communities use rather than the red signs Fitchburg uses. Mark: We use red because we want it to stand out and we want it standard across locations. Mr. Cleaves showed concerns about needing a Certificate of Compliance prior to deed transfer. If the house were ready to be sold during the winter, so grass cannot grow then he would need to wait until spring or summer to sell the home. Joyce: It is not the new homeowner’s responsibility to plant the trees or grass. The Order of Conditions is issued to the builder and we are seeing OOC’s that are not completed and it goes in limbo because it wasn’t the homeowner’s responsibility in the first place. Motion made (Mike) & seconded (Mark) to approve the Notice of Intent for 28 Goodfellow Dr. with conditions below. 03/21/2024 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 7 April 03, 2024 Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Conditions: • Current top of concrete elevation is 803, if adverse site conditions require an increase in elevation above 805.5 feet a modification will need to be submitted. • Amount of tree clearing along the outer edge of the buffer zone shall be limited to retain as much natural vegetation possible. • Certificate of Compliance shall be requested from the Commission prior to the transfer of deed or provide plans and timeline for completion of project • Two “No Disturb” signs shall remain on site listed on plans in perpetuity • Signs posted must be red signs obtained by the Conservation Agent only Notice of Intent- Garrett Paterson, Construction of a Two-Family Dwelling, 481 Mechanic St (continued from 03/06/24) Present: Scott Jordan (Ecotec) There was a continuance so the Commission could do a site visit. They have since received a DEP file number (155-746). DEP comments were minor, mainly about providing additional erosion control for the stockpile—which is in the revised plans. There was garage out front that will be removed, there was a comment to add it to the plans if the detached garage would remain but it will not. Public Comment: None Commission Comment: Joyce: Site walk went well and addressed my parking concerns. Parking is far enough away from the resource area. If erosion control is needed it will be straw wattle to prevent sediment from going into the wetlands. Motion made (Joyce) & seconded (Mark) to approve the Notice of Intent for 481 Mechanic St. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Notice of Intent- Unitil Corporation, Anode Groundbed, Putnam Pond Present: Samuel Martin (Process Pipeline Services) Unitil has contracted Process Pipeline Services to design an anode ground bed for a nearby gas main in the Putnam Pond area for cathartic protection and corrosion mitigation. The ground bed will be installed in the pond of the intersection of John Fitch Highway and Pearl Hill Rd. It will be constructed of 12 five foot long metal tubes mostly composed of carbon manganese and silicon. The pipes are dropped on the surface of the pond and sink, there is no trenching involved. Tracey: Is this why the wetlands were flagged at Putnam Pond? 03/21/2024 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 8 April 03, 2024 Mr. Martin: That is correct Public Comment: None Commission Comment: Tracey: Is the ability of the anode dependent on water levels? Mr. Martin: No, it doesn’t really matter. Some of these ground beds are actually just buried in dry soil. It’s just the closest location to one of their existing rectifiers to the nearby gas main. Mike: There is the possibility of drilling five foot holes to have vertical installation instead of horizontal? Mr. Martin: That is a possibility, but we are not drilling. Sean-Michael: Is there any long-term or follow up maintenance required? Mr. Martin: No follow up work required. Motion made (Joyce) & seconded (Sean-Michael) to continue to May to await Mass DEP file number. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Other Business John Fitch Highway Final Design – BMP Test Pit Locations Present: Nick Erickson The city is taking on an effort to design the reconstruction of John Fitch Highway between Lunenburg St and Summer St. The city is conducting this work in accordance with Mass DOT standards so construction funding can be obtained. The construction probably won’t take place until 2028, but as part of the design process test pits must be conducted to verify sub soil conditions for the stormwater features. DPW has proposed four testing locations on John Fitch Highway, that are within the 200 foot riverfront buffer. There will be one on each side of the Cinema World location, one next to the car wash on the southern end of John Fitch Highway, and immediately adjacent to the Car Star parking lot. Weston Sampson will be on side while the work is done with DPW equipment. At the time of testing erosion sedimentation controls will be installed as necessary and areas would be restored to original conditions. 15 Will Thompson Way – Signage Request Present: Anthony Cleaves (Haley Ward) Previously it was conditioned that the 20 foot no disturbance zone would be noted with boulders. Mr. Cleaves is requesting the Commission to consider using the approved Fitchburg Conservation signs on 4x4 pressure treated posts instead. 03/21/2024 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 9 April 03, 2024 Tracey: I do want to note that the silt fence is down and no longer operational. Mr. Cleaves more or less explained how the site is stable and erosion control is no longer needed so they did not fix it. They usually do not remove the erosion control until the Conservation Commission tells them to and they cannot request a Certificate of Compliance without the signs. Joyce: Why weren’t the boulders placed during construction? Mr. Cleaves: It’s not something we do during construction, it is done once everything has been stabilized. The signs will achieve the goal of the Commission in telling people to not disturb the area more than boulders would. Joyce: Our intent was to draw a line for people to not enter the area, maybe a post and rail fence, I don’t feel 4x4 posts every 20 feet will do that. You can run a post and rail fence with the red signs on the posts. Motion made (Joyce) & seconded () to amend the order of conditions Motion has been rescinded The Commission has clarified that “similar” alternatives to the boulders can be a post and rail fence along the 20 foot no disturbance line as long as the Fitchburg Conservation red signs are on the fencing posts. Forest Cutting Plans: None Violations & Enforcement Orders There is a subcommittee report that was given to the Commission for review for the May meeting. Certificates of Compliance: None Extension Permits: None Emergency Certifications St. Bernard’s Activity Center – Debris Removal Motion made (Joyce) & seconded (Mark) to ratify the St. Bernard’s Activity Center for the removal of debris Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Miscellaneous Minutes 03/21/2024 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 10 April 03, 2024 05/03/23 Motion made (Joyce) & seconded (Mike) to approve 05/03/23 minutes as amended. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Mike would like to address the Arn How Farm Rd failing wall at a later date. 06/07/23 Motion made (Joyce) & seconded (Mike) to approve 06/07/23 meeting minutes. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. 03/06/24 Motion made (Joyce) & seconded (Mike) to approve 03/06/24 meeting minutes as amended. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. 03/17/24 Site Walk Motion made (Joyce) & seconded (Sean-Michael) to approve 03/17/24 Site Walk meeting minutes as amended. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Motion made & seconded to adjourn. Vote in favor. Meeting adjourned 8:40 PM Next regular meeting: Wednesday, May 1, 2024 03/21/2024