Conservation Commission

MINUTES - FITCHBURG CONSERVATION COMMISSION Page 1 April 03, 2024 FITCHBURG CITY CLERK CITY OF FITCHBURG Aug 09 2024 9:26 am CONSERVATION COMMISSION MEETING MINUTES Wednesday May 1, 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/871872 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 6:05 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. PUBLIC HEARINGS: Items taken out of order at the discretion of the Commission Notice of Intent- Weyerhaeuser NR Company, Soil Remediation, 1b Princeton Road Present: Dr. Lebo (WSP USA Inc), Tony Rodolakis The proposed project is soil remediation for work within the 200 foot riverfront area as well as some bordering land subject to the 100 year flood plane to the North of the Nashua River. There will also be work within the buffer zone on the inland bank to the Whitman River. Scope of work includes removing contaminated soil from the operations of a paper mill and replacing it back to the existing elevations. Any disturbed land will be reseeded with an erosion control mixture and more permanent plantings of native species to stabilize the bank and restore the habitat. The wooded area as well as the open field along the north of the Nashua River will have herbaceous vegetation and some shrub planted. The riverfront area will have about 1,168 sq. ft. of new pavement added to isolate some of the residual contaminants. It will be deliberate impervious surface to prevent storm water from infiltrating down and getting contaminated. Also being proposed is a stormwater collection trench and infiltration basin that will direct any storm water from the new impervious surface to a clean area that is not contaminated. This will allow recharge to occur more naturally and get back into the groundwater system. 06/03/24 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 2 April 03, 2024 Public Comment: None Commission Comment: Joyce: Phase one of this remediation project looks wonderful and I anticipate this phase of the work to go just as well. I would support this ongoing cleanup. Mark: Out of curiosity, where does the material go once it’s removed? Dr. Lebo: It will go to a landfill or disposal facility based on the characteristics for high PCB waste. Michigan is the closest permitted facility to accept this waste. Hearing closed then rescinded hearing closing since they are still waiting for a Mass DEP file number. Motion made (Joyce) & seconded (Mike) to continue to June’s meeting to await a Mass DEP file number. 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 4/03/24) Present: Matthew Bombaci (Bohler Engineering), Becky Koze (Convergent) The Conservation Restriction for the eastern portion of the parcel was found and provided to the Commission. It has also been confirmed that the stormwater basins will be constructed prior to construction. Mass DEP also had a few comments relative to making sure the site was properly stabilized, seeded, and decompacted. Dillis & Roy provided comments on the third party peer review that was completed. One comment was in regards to test pits. As a previous condition there will be additional test pits completed during construction as well as monitoring stormwater basins. Another previous condition was to have erosion control inspection reports submitted to the Commission. As part of the EPA construction general permit they are required to have weekly or biweekly erosion control inspections by a professional erosion control specialist. Those reports can be submitted to the Conservation Commission as well as a stormwater pollution prevention plan that will also be submitted to the EPA. Restoration plantings are hopefully going to be planted prior to construction so they can be monitored to ensure that they survive. Seeding beneath the panels is going to happen prior and during construction to ensure it is stabilized. Public Comment: None Commission Comment: Mark: I think we should use the comments in the third party review as special conditions. 06/03/24 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 3 April 03, 2024 Motion made (Sean-Michael) & seconded (Mark) to approve the special conditions listed in the Peer Review and request a restoration plan within 60 days. 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. Request for Determination of Applicability – 80 Sheldon Rd. (continued from 4/03/24) Present: Douglas Best Herlin, Mike, and Joyce visited the site and it was recognized that this RDA wasn’t going to be feasible with what he wanted. It was suggested that he modify the current Order of Conditions that is open on the parcel instead, Mr. Best agreed. Motion made (Joyce) & seconded (Mike) to withdraw the Request for Determination of Applicability for 80 Sheldon Rd Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Modification of Order of Conditions- Douglas Best, DEP 155-721 80 Sheldon Road Present: Douglas Best The proposed plan is to have the shed sitting on piers so the ground does not need to be leveled and disturb more soil. The shed is still proposed to be on the left side of the driveway which will be disturbing the buffer zone to install the piers. Public Comment: None Commission Comment: Mike: I would suggest to install a straw wattle within the perimeter of the construction and a stone drip edge on the rear of the shed drip line. Joyce: I see in the narrative you had contacted the previous owner and contractor, Jaime Van Dyke. But we will need written confirmation stating he is allowing you to modify his Order of Conditions. So we don’t have to continue to another meeting I suggest having a special condition stating that this is required. Joyce: Also please pay special attention to conditions 5, 6, 9, 10, and 11 which are mainly referring to erosion control slope stabilization and the need to reseed the area once the shed is installed. Motion made (Joyce) & seconded (Mark) to continue to approve the modification for the existing Order of Conditions dated 11/14/22. Mass DEP file number 155-721 with special conditions below. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye 06/03/24 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 4 April 03, 2024 Vote 5-0 in favor. Conditions  Shed should be built according to As-Built #2 Revision Plan provided by Graz Engineering.  Signature required from original applicant stating permission is given to modify the original Order of Conditions Notice of Intent – Oakhill Country Club Solar LLC, Oakhill Country Club, Shea St. (continued from 04/03/24) Applicant has requested to be continued to August’s meeting Motion made (Sean-Michael) & seconded (Mark) to continue to August’s meeting. 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 (continued from 04/03/24) Present: Samuel Martin (Process Pipeline Services) File number and comments have been received from Mass DEP. At the moment revisions are being made to the plans to address DEP’s comments. Mr. Martin is requesting a continuance. Motion made (Joyce) & seconded (Mark) to continue to continue to meeting on June 5th. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Modification of Order of Conditions- Fitchburg Public Library, DEP 155-733 610 Main Street Present: Jeffrey Hoover (Project Architect), Michelle Callahan (Civil Engineer) Modifications have been made to the plan, mainly to the building itself but they also impact the site. The floor level within the addition has been raised to be two feet above base flood elevation. Since elevations have been raised there are now some exterior stairways from the elevated floor levels down to the surrounding grades. Grading within the parking lot were changed to be able to meet the compensatory storage requirements. The previous location of the generator is now going to be landscaped and the generator is going to be located on an elevated platform. The newest proposed plan has less impervious area than the previous plan. Stormwater design is the same as before, only modifications are to the piping because of the grading changes. Everything is going to flow to the parking areas and going to the subsurface infiltration system. 06/03/24 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 5 April 03, 2024 Public Comment: None Commission Comment: None Motion made (Joyce) & seconded (Mark) to accept the modification of the Order of Conditions (file # 155-733) dated 10/02/23 to reflect modified plan labeled “Revised Permit Set dated 04/12/24” Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Other Business Updates Official Appointment: Katherine Wallace & Brad Pelletier Motion made (Joyce) & seconded (Sean-Michael) to advance the application to the mayor for Katherine Wallace and Brad Pelletier to be appointed to full-time commissioners. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Violations & Enforcement Orders Subcommittee First Quarter report During April’s meeting a report was given to the Commission outlining the Violations Subcommittee activity from the previous quarter for review. Motion made (Mark) & seconded (Sean-Michael) to accept the report and enter the report into record. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Certificates of Compliance: 155-729 98 Gibson Rd A bridge had to be moved slightly in order to access the work area. Wooden guardrails were added to the bridge and a sediment basin was in place. All Order of Conditions requirements were met. The Conservation Agent suggested issuing the Certificate of Condition with a perpetual condition for the sediment basin to not be disturbed. It is shallow and it looks like a hole where it is located that may tempt landowners to fill the basin. Mike: The vegetation on the slope has yet to be established, the silt fence is still in place and cannot be removed until the vegetation is established. We should not issue a Certificate of Compliance until the silt fence is removed. My recommendation would be textile matting at the least 10 feet back from the brook on the left side of the fence. There is no stabilization nor restriction from erosion. 06/03/24 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 6 April 03, 2024 Herlin: This person is asking for a Certificate of Compliance because a transfer of deed has happened. On a technicality, the Order of Conditions requires three growing seasons. Do we issue a partial CoC? Joyce: It depends on whether the bank will accept a partial COC with the pending conditions. They will see the condition that requires the three growing seasons for the replication area and they should understand they can’t wait three years to transfer the deed. There was a discussion about handling situations such as this one. Legally the Commission cannot impede the transfer of property. However, issuing a partial COC puts all remaining conditions on the new property owner who should not be responsible for the conditions and cannot guarantee they will follow through and be in violation. The Commission discussed possible procedures that would not interfere with the transfer of property, but also ensure the Order of Conditions would be completed. In the past there was a pamphlet given to new homeowners when ownership was transferred stating they had restricted land. Mike also mentioned municipal certificates that states if there are outstanding taxes, water bills, etc. so could it be added to the municipal certificate that there are outstanding conditions. However, there is an issue that Conservation is not being notified of ownership changes. Motion made (Joyce) & seconded (Mike) to approve the Partial Certificate of Compliance with conditions 7 and 10 of the original Order of Conditions to remain active until completed, as well as the modification of the bridge. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. Miscellaneous Materials Deadline Table The Commission voted to change the deadline for materials to be submitted for the monthly meetings. Previously it was 7 days before the meeting, it is now 14 to allow all departments and the Commission to review materials. A schedule with the new 14 day materials deadlines was given to the Commission to be voted on so it can be turned into the City Clerk. Motion made (Mike) & seconded (Mark) to approve the new Materials Deadline Table and the dates for advertising and filing deadlines. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. DPW Letter of support – MVP Nick Erickson had requested a letter of support from the Commission for the Municipal Vulnerability Preparedness application. Commissioner Erickson needed the letter signed the Friday prior so it was signed and submitted, but the Commission does need to vote on the matter. 06/03/24 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 7 April 03, 2024 Motion made (Joyce) & seconded (Sean-Michael) to approve the signing of the letter of support for the Municipal Vulnerability Preparedness application. Roll Call: Christian: Aye. Donnelly: Aye Jacobs: Aye. Ms. Sarefield: Aye Mr. Tantinarawat: Aye Vote 5-0 in favor. CDP Funding Request for Riverfront Park In April there was a big clean-up effort around Riverfront Park before the Earth Day event. North County Land Trust headed the removal of trash while the National River Watershed headed the removal of invasive species along the Riverbank. Community Development is inquiring if the Conservation Commission would like to sponsor efforts to continue the clean-up, including spraying the area with herbicide to control invasives and planting the flower boxes in front of City Hall. Tracey: I would like to note that Japanese Knotweed plays a serious role in bank stabilization. So any measures that are taken to remove Knotweed will need to be followed with stabilization of the bank. It is very difficult The Commission agreed that they will not commit funds until they see a solid plan that will win the Knotweed war. There was a conversation about different areas of city owned land that could be experimented with Knotweed removal. Areas of interest included Airport Rd, Forest Hill Cemetary, and River St. (not sure if any of River St. is city owned off-hand) Correspondence Notice of Intent to Sell- (parcels 288-7-0, 288-8-0, 288-10-0, 79R-39-3) These properties are coming off 61A and notification has been sent to all city entities to see if any department has any interest in purchasing any of the lots. The city has the first right of refusal if there is anything outstanding on the property. Minutes 08/02/23 Motion made (Joyce) & seconded () to approve 08/02/23 minutes. 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 7:52 PM Next regular meeting: Wednesday, June 5, 2024 06/03/24