Conservation Commission

MINUTES - FITCHBURG CONSERVATION COMMISSION Page 1 09/04/24 FITCHBURG CITY CLERK CITY OF FITCHBURG Jan 09 2025 9:51 am CONSERVATION COMMISSION MEETING MINUTES Wednesday September 04, 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/898058?autostart=true&showtabssearch=true&fullscreen=false COMMISSIONERS IN ATTENDANCE: Tracey Sarefield-Betts, Mike Donnelly, Joyce Jacobs, Sean- Michael Tantinarawat, Brad Pelletier, Katherine Wallace (6) STAFF IN ATTENDANCE: Herlin Jaime, CALL TO ORDER: Meeting called to order at 6:08 p.m. in the Legislative Building, 700 Main St. Ms. Sarefield-Betts read an introduction stating the mission statement of the Commission, the role & responsibilities of the Conservation Commission and offered suggestions on participating remotely. ANNOUNCEMENTS: There will be a MACC conference in October for those interested in attending. Herlin, along with Commissioners Donnelly and Jacobs attended the Wildlife Ventures for Children hosted by Fitchburg Public Schools. The Commission gave out nature journals and children and parents went on a small hike. PUBLIC HEARINGS: Notice of Intent- Oakhill Country Club Solar, LLC – Solar Array, Shea St (continued from 08/07/24) Present: Anthony Cleaves (Haley Ward), Richard Kirby (completed Peer Review) Haley Ward, LEC, and the Wetland Consultant met various times and decided on a wetland delineation. Haley Ward’s survey team went out and located the wetlands and provided a plan which was also given to LEC. The Commission received the peer review late the previous Thursday and it was a long, holiday weekend so they have not been given sufficient time to review. There is also the issue that there are numerous new Commissioners on the Conservation Commission, so with the Mullen Rule they cannot vote on this application. Unfortunately, there are not enough Commissioners to vote on this matter so the City Solicitor advised that they reset the board for this project. This entails resubmitting notice to abutters and posting a public legal notice for the next meeting. This would give all Commissioners enough time to catch up on the project and review new materials. 12/16/24 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 2 09/04/24 Mike: We hired Richard Kirby and LEC Environmental Consultants, are we going to refute our hired hand’s delineation? Joyce: Not everyone has had a chance to review Mr. Kirby’s report. Mr. Kirby: Ms. Dipinto and I began our peer review last fall and quickly discovered that the transitional zone between the obvious wetland and the obvious upland was just too broad. The plant community was very near 50/50. There were hydro soils intermittently observed upgradient of the delineated wetland from the Notice of Intent application. And the any drainage patterns and channels were obscured by recently fallen leaves. So that's when we decided we need to wait until we're in the middle of the growing season in order to effectively review and, and delineate the wetlands. Motion made (Joyce) & seconded (Mike) to continue to October’s meeting. Roll Call: Donnelly: Aye. Jacobs: Aye. Pelletier: Aye. Tantinarawat: Aye. Wallace: Aye. Sarefield: Aye. Vote 6-0 in favor. Notice of Intent- AG Deam Flip, LLC – Single-Family dwelling, Fairmount Street Lot 1 (continued from 08/07/24) Applicant has asked for a continuance to October’s meeting. Joyce: The Applicant came before us in June and has been continued since. We still have questions out to them regarding their original presentation that have not been answered. We have asked them twice to appear to answer our questions. Commissioner Donnelly asked about the delineation of the deeds and how those are going to be divided. I also have questions about how that’s all going to be set up and they have not responded. If they are not prepared to present their project to this board then it should be withdrawn. Motion made (Joyce) & seconded (Sean-Michael) to continue to October’s meeting with the intention that if they are not prepared to present in October then application should be withdrawn. Roll Call: Donnelly: Aye. Jacobs: Aye. Pelletier: Aye. Tantinarawat: Aye. Wallace: Aye. Sarefield: Aye. Vote 6-0 in favor. Notice of Intent- AG Deam Flip, LLC – Duplex dwelling, Fairmount Street Lot 2 (continued from 08/07/24) Motion made (Joyce) & seconded (Sean-Michael) to continue to October’s meeting with the intention that if they are not prepared to present in October then application should be withdrawn. Roll Call: Donnelly: Aye. Jacobs: Aye. Pelletier: Aye. Tantinarawat: Aye. Wallace: Aye. Sarefield: Aye. Vote 6-0 in favor 12/16/24 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 3 09/04/24 Notice of Intent- AG Deam Flip, LLC – Multi-Family dwelling, Fairmount Street Lot 3 (continued from 08/07/24) Motion made (Sean-Michael) & seconded (Brad) to continue to October’s meeting with the intention that if they are not prepared to present in October then application should be withdrawn. Roll Call: Donnelly: Aye. Jacobs: Aye. Pelletier: Aye. Tantinarawat: Aye. Wallace: Aye. Sarefield: Aye. Vote 6-0 in favor. Items were taken out of order at the discretion of the Commission Certificates of Compliance 155-727 15 Wil Thompson Way – Single Family Home Present: Anthony Cleaves (Haley Ward) The Conservation Agent, Herlin Jaime, did visit the site and felt it was in compliance to the best of their abilities. Ms. Jaime and Commissioner Donnelly visited the site on July 26th and the boulders and demarcation of the wetlands were observed. Ms. Jaime visited the site again the previous day and signs were up near the church side. Motion made (Mike) & seconded (Brad) to approve the Certificate of Compliance with the permanent or perpetual conditions listed in the Order of Conditions. Roll Call: Donnelly: Aye. Jacobs: Aye. Pelletier: Aye. Tantinarawat: Aye. Wallace: Aye. Sarefield: Aye. Vote 6-0 in favor. 155-734 39 Wil Thompson Way – Single Family Home Present: Anthony Cleaves (Haley Ward) Motion made (Joyce) & seconded (Brad) to approve the Certificate of Compliance with the permanent or perpetual conditions listed in the Order of Conditions. Roll Call: Donnelly: Aye. Jacobs: Aye. Pelletier: Aye. Tantinarawat: Aye. Wallace: Aye. Sarefield: Aye. Vote 6-0 in favor. Sean-Michael has recused himself from the meeting. Notice of Intent- Fitchburg Management, LLC – Storage Facility, 432-504 John Fitch Highway Present: Michael Malinowski (Allen & Major Associates), Tom Remmes (True Storage and Brady Sullivan Properties) The Commission Chair has an issue with Fitchburg Management LLC being the name of the applicant published in the public hearing notice, but is not listed on any of the paperwork. Joyce also mentioned that the Notice of Intent has the applicant listed as True Storage LLC., with the owner listed as GFB Fitchburg Clay Pond Fitchburg. Mr. Malinowski stated they are all subsidiary’s of Brady Sullivan Properties. Mr. Remmes noted that there are different partnerships so there’s different percentages of 12/16/24 MINUTES - FITCHBURG CONSERVATION COMMISSION Page 4 09/04/24 ownership between sites which will list multiple entities and LLC’s. According to the Open Meeting Law, Fitchburg Management LLC is the only entity that can be discussed. True Storage will provide a list of LLC’s and their umbrella of how they relate to one another. Also, the application will be updated to reflect GBH Fitchburg Clay Pond Fitchburg as that is the owner listed on the deed and should match the application. There was a cease and desist issued for the exterior work since it was within the buffer zone and had not come in front of the Conservation Commission. The applicant requested a Certificate of Occupancy for the Army Navy Recruitment Center and Mill City Pub. Joyce mentioned there is an issue with Mill City Pub since the establishment runs right through the buffer zone and there should be a discussion prior to issuing Occupancy. Motion made (Brad) & seconded (Joyce) to continued to October’s meeting. Roll Call: Donnelly: Aye. Jacobs: Aye. Pelletier: Aye. Tantinarawat: Aye. Wallace: Aye. Sarefield: Aye. Vote 6-0 in favor. Other Business Minutes 09/06/23 Motion made (Joyce) & seconded (Brad) to approve the 09/06/23 minutes. Roll Call: Donnelly: Aye. Jacobs: Aye. Pelletier: Aye. Tantinarawat: Aye. Wallace: Aye. Sarefield: Aye. Vote 6-0 in favor Misc. There is a property on Alpine Rd that is being sold Chapter 61. Motion made (Mike) & seconded (Brad) to adjourn. Vote in favor. Meeting adjourned 6:58 PM Next regular meeting: Wednesday, October 2, 2024 12/16/24