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Conservation Commission

Regular Meeting

Waltham, MA · January 23, 2025

AgendaMinutes

Minutes

Waltham Conservation Commission January 23, 2025 Meeting Minutes Meeting took place via public Zoom call with participation information posted at City Hall, Government Center, and on the Commission’s page of the city web site. Zoom information was circulated directly to all applicants and others on the public agenda. Meeting called to order at 7:01 PM. Attendees: Chair Alexander Sbordone, Vice Chair Bill Doyle, Gerard Dufromont, Michael Donovan Philip Moser, Louis Andrews. Conservation Agent Meghan Sullivan. [Mr. Doyle joined approximately 7:04.] Absent: Development Prospectus • 887 Main Street. Attorney Joseph Connors represented the petitioners. There are two: Doherty Realty and Omved Corporation. [This parcel is listed as 881-91 Main Street in city records.] Residents will know it for Frank’s Spoke-N-Wheel (now closed) and Lena’s sub shop. There will be interior renovation only, no exterior work. City Council requires a special permit for a smoke shop. Ms. Sullivan confirmed that it is out of jurisdiction. Mr. Doyle moved to authorize the chair or the conservation agent to sign off. Seconded by Mr. Donovan. In favor: Sbordone, Doyle, Moser, Donovan, Andrews, Dufromont. Motion passed. Public Hearing Notice of Intent (DEP File # 316-0833) Applicant: Brad Wynnemer / Algonquin Gas Transmission, LLC. Property Location: Tower Road Project Description: Relocation of approximately 1,992 linear feet of 24-inch diameter natural gas transmission line within the existing roadway layouts of Tower Road to connect to the existing Algonquin meter station within 100 Foot Buffer Zone to Bordering Vegetated Wetland and Bank of an Intermittent Stream. Ms. Sullivan reported that the applicant has requested a continuance to have time to respond to the comments from Cambridge Water Department, which were only received earlier this week. Mr. Donovan moved to approve a continuance to the 2/6/2025 meeting. Mr. Doyle seconded. In favor: Sbordone, Doyle, Moser, Donovan, Andrews, Dufromont. Motion passed. Public Meeting Violation (DEP File # 316-0816) Applicant: Insook & Kim Bubchull Property Location: 171 Copeland Street Description: Destruction of vegetation, encroachment to wetland, and unpermitted expansion of driveway. Approved 2-27-2025 Ms. Sullivan reminded the commission of this item: it was first noted in September. She has had communications with the resident and their representative but no action has been taken, so formal enforcement should move forward. An order of conditions was issued in 2023 permitting an addition and raingarden. Encroachment into the wetlands was discovered last fall, and also unpermitted driveway expansion (increasing impervious area). The enforcement order would set conditions on the driveway and require submission of a restoration plan for the encroachment. Mr. Moser moved to issue the enforcement order. Discussion of specifics of permitted work and documented violation. Ms. Sullivan presented photos from September, and noted that erosion controls were added after that visit. Ms. Sullivan has been in contact with the Engineering Department and CPW, as they will require updated calculations due to the expansion of impervious area. Mr. Donovan seconded the motion. In favor: Sbordone, Doyle, Moser, Donovan, Andrews, Dufromont. Motion passed. Commission Business • Approval of meeting minutes 01-09-2025. Motion to approve by Mr. Donovan. He added that he appreciated the summary of the comments memorializing Ms. Champion. Seconded by Mr. Andrews. Minutes approved. • Discussion of new and revised Commission procedure documents. Ms. Sullivan noted that she is working on a number of new and revised documents for commission staff and applicant use. One is a revision to the standard special order of conditions, which she hopes to circulate for comment next week, for discussion at the next commission meeting. Three other policy documents are also in progress, and the plan is to include one on each meeting agenda rather than review all at once. In-progress documents include a minor exemptions policy, a tree removal policy, and a 30’ No Disturbance policy. Correspondence • NOTED: 77 Copeland Street matter. DEP counsel has filed a motion to dismiss for failure to state a claim on which relief can be granted. Responses from the parties are due 1/25/2025. • DROUGHT STATUS NOTE: As of 1/8/2025, MassDEP has lowered the drought status for most of the state. Waltham and Middlesex County are now at Level 2 – Significant Drought. Old Business • MWRA/Lexington Street. Mr. Donovan asked if MWRA or Baltazar (their contractor) had notified the commission before beginning the culvert work near Grassfields. Ms. Sullivan confirmed that they had not. He said the work looked like “a disaster” for several days but had been closed up before the recent storm. Ms. Sullivan will reach out. Mr. Donovan assumed other city agencies are involved and aware. Mr. Daly reminded the commission that this portion of the work is the reason the commission required MWRA to file an NOI, as it is the only portion of the project not exempt under the regulations. • Mr. Dufromont asked into the status of the violation and enforcement at 1036 Lexington Street. Ms. Sullivan summarized. He was given one year to complete the restoration plan. Mr. Dufromont noted that no work seems to have yet been done. • Mr. Sbordone asked if there has been any action on the full-time Conservation Agent from HR, and if he could do anything to move this along, as we are now three weeks into the new year. Ms. Sullivan last heard from HR that they are waiting for one piece of paperwork to be signed by the mayor. • Mr. Moser offered to provide an update on the restoration plantings at the Hardy Pond Conservation Area, and showed photos he took during the 2024 growing season, chronologically noting which native species had established and bloomed so far. This included fleabane, black-eyed Susans, black elderberry, blue (or swamp) vervain, Joe Pye weed, two native thistle species, partridge pea, swamp milkweed, monkeyflower, various species of Approved 2-27-2025 bidens (or beggarticks), boneset, multiple asters, and goldenrod. Not all are in the wetland, some are on slightly higher ground. He stressed that the plantings do not exist in a vacuum, but provide habitat and food sources for native animals, birds, and insects, and all improve the health of the area. He hoped the photos, at this barren time of year, will help people look forward to the growing season. • Mr. Dufromont asked for the state of the tree cutting approved in the HPCA at the previous meeting. A date hasn’t been set, but it is anticipated for February or March. • Mr. Donovan stated that he would like to remove some of the Ailanthus saplings at the Paine Estate soon. He will contact the commission office and the Paine Estate office when and if work moves ahead. These are very small trees coming in where the larger Ailanthus were cut a few years ago. Site Visit Reports • Committee Reports • CPC: Next meeting scheduled for February 11, 2025. No report. New Business • Motion to adjourn by Mr. Doyle, seconded by Mr. Andrews. All present in favor. Motion passed. Meeting adjourned at 7:31 PM. Approved 2-27-2025

Agenda

Waltham Conservation Commission January 23, 2025 7:00 p.m. Meeting Agenda Pursuant to the relevant legislation, including Mass. Acts 2023 c.2; 2022 c.107; and 2021 c.20, this meeting will take place remotely. All Open Meeting Law requirements will be met and public access will be available by Zoom call. Residents who need a device to connect are invited to use a public desktop or borrow a laptop at the Waltham public library (valid library card required). For this meeting, members of the public may participate by joining at: https://us02web.zoom.us/j/83131977155?pwd=3uBLAbgEkG7EZ9bw6fTi8mla7fepJj.1 Passcode: Waltham We will post a link to the video recording at http://www.wcac.org/government/meetings/conservation- commission as soon as possible after the meeting. Development Prospectus • 887 Main Street. Public Hearing Notice of Intent (DEP File # 316-0833) TBA Applicant: Brad Wynnemer / Algonquin Gas Transmission, LLC. Property Location: Tower Road Project Description: Relocation of approximately 1,992 linear feet of 24-inch diameter natural gas transmission line within the existing roadway layouts of Tower Road to connect to the existing Algonquin meter station within 100 Foot Buffer Zone to Bordering Vegetated Wetland and Bank of an Intermittent Stream. Public Meeting Violation (DEP File # 316-0816) Applicant: Insook & Kim Bubchull Property Location: 171 Copeland Street Description: Destruction of vegetation, encroachment to wetland, and unpermitted expansion of driveway. Commission Business • Approval of meeting minutes 01-09-2025. • Discussion of new and revised Commission procedure documents. Correspondence • INFORMATIONAL: Update on 77 Copeland Street matter. On 1/13/2025, DEP counsel filed a motion to dismiss for failure to state a claim on which relief can be granted. Reponses by the other parties are required by 1/25/2025. • DROUGHT STATUS: As of 1/8/2025, MassDEP has lowered the drought status for most of the state. Waltham and Middlesex County are now at Level 2 – Significant Drought. Old Business • Site Visit Reports • Committee Reports • CPC: Next meeting scheduled for February 11, 2025. New Business •

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