Conservation Commission

Waltham Conservation Commission March 13, 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 7:04 PM. Attendees: Vice Chair Bill Doyle, Philip Moser, Michael Donovan, Gerard Dufromont, Louis Andrews. Conservation Agent Meghan Sullivan. Absent: Chair Alexander Sbordone. [Mr. Moser acted as chair.] Public Meeting Request for Determination of Applicability Applicant: Massachusetts DCR Office of Dam Safety Property Location: 190 Moody Street Project Description: Replacement of a seepage collection system to collect and direct seepage emanating from the upstream left training wall into an existing catch basin. Luke Fromm of Tighe & Bond presented for the applicant. Edward Connors, DCR Dam Safety, also present. Mr. Fromm noted that the seepage problem was detected in October, 2023. He described the problem and the site conditions as well as the planned work. He described the WPA jurisdictional areas (BLSF), and that it is not technically exempt. The site will be restored to pre-existing conditions after the repairs have been completed. Mr. Moser noted that this seemed straightforward. Ms. Sullivan explained that this project falls into an apparent gap in the regulations: similar utility maintenance projects would normally be exempt. Because this is maintenance/repair activity in a previously disturbed area and will only have temporary impact, she recommended the commission allow it through the RDA process. Discussion. Mr. Moser speculated that the regulatory gap might be due to how excavation and grading is usually permitted, and suggested that a special condition to cover this be included. Mr. Andrews agreed, this being necessary work and temporary. Mr. Donovan had been to the site recently and is familiar with it. He asked for some clarifying details on the type of repair work, access needed, and pipe and drain specifications, which Mr. Fromm provided. Mr. Donovan agreed this is a necessary repair and noted the winter ice hazard. Mr. Dufromont agreed with the ice hazard and asked about timing of this work with the Landry Park work [following item on the agenda]. Mr. Connors agreed with the ice problem and stated that DCR is hoping to accelerate this work and get started as quickly as possible, by the end of this month or in April. They want to eliminate any work overlap. Ms. Sullivan added that she is working with the Landry Park project team to condition that project to not begin until this one has finished, so there should be no overlap. Mr. Doyle did not have anything to add and approved of issuing an NDA. Mr. Moser again noted the regulatory gray area and recommended that the rules be interpreted in favor of the applicant in this case. He proposed that an NDA, if issued, include a condition for pre- and post-grading surveys to confirm grade restoration and no net fill. Ms. Sullivan recommended including an explicit erosion Approved 3-27-2025 control condition. Mr. Donovan moved to issue a negative determination, including the two discussed conditions (pre-/post-grading surveys; explicit erosion controls). Mr. Dufromont seconded. In favor: Doyle, Moser, Donovan, Andrews, Dufromont. Motion passed. Public Hearing Notice of Intent (DEP File # 316-0834) Applicant: Elizabeth Walsh / Commonwealth of Massachusetts, Department of Conservation and Recreation Property Location: 190AFT Moody Street, 144 ADJ Moody Street Project Description: Improvements to Landry Park including porous asphalt pathways; new benches and signage; stormwater BMP improvements; tree pruning; lawn area decompaction, aeration, and overseeding; and native plantings. Andrew Keel of Hatch presented for DCR. Beth Walsh of DCR also present. Mr. Keel explained the proposal and presented site plans. Goals include improving circulation and sight lines and promoting native plantings. He noted WPA jurisdictional areas and elevations. He described site conditions and presented several photos to highlight safety concerns from overgrown areas and damaged pavement, some deteriorated conditions, and a drainage issue. He highlighted the erosion and sedimentation control plan, as well as tree protection measures. He noted trees to be preserved, 6 damaged trees to be removed, and 9 new trees. Sidewalk repair and vegetation removal and replanting near Moody Street were covered. Bike rack relocation and installation of a drinking water fountain were described. The new circulation plan was described, and other amenities to be added. He noted the difficulty in achieving full ADA compliance due to grades, and pointed out places where it could not be done. He described the new bioretention basin design and details. Discussed restoration plantings and reseeding with native species. Some discussion of ongoing maintenance. There has been volunteer maintenance interest (Charles River and Waltham Land Trust). Mention of meeting stormwater and flooding volume requirements. Ms. Sullivan asked for a few technical clarifications. She also asked if DCR has experience with porous pavement, specifically regarding the maintenance needs. Ruth Helfeld, Director of Landscape Architecture for DCR, responded that they have a lot and they have the vacuum trucks needed. Ms. Sullivan asked for clarification on the stormwater drainage. Mr. Keel clarified that there will be improved infiltration. Part of the park drains to the catch basins in the fire lane, which flow to the river. He pointed out that at present some storm water overflows directly into the river because of inadequacies or damage. This will be alleviated. He confirmed a decrease in impervious area. Ms. Sullivan noted that there are some technical questions she would still like to be addressed, so this project probably can’t be closed tonight. Mr. Keel addressed her question regarding ground water level around the bioretention basin. The depth of the basin could be reduced if determined necessary. It appears to be deeper than needed. Ms. Sullivan asked about soil permeability. Mr. Keel noted that infiltration tests have been run and this information should be in the filing. This site was built on fill, and is relatively uniform. He added that stockpiling will be difficult on this small and crowded site, so they will attempt to bring in only the material needed each day. Alternatively, they might use a small area toward the middle-west section of the site. Mr. Donovan noted that the “crest” line through the center of the site is due to an old wall buried below. He highlighted the occasional use of the park for weddings and photographs. Mr. Dufromont noted that the grass areas of the park have not fared well, and asked if irrigation would be included. Mr. Keel stated that DCR expects to do this, but it has not been included in the current plan. It will be a “trailing effort” to be done later. The native seeding areas shouldn’t need irrigation. Mr. Dufromont asked for details on the volunteer situation; Ms. Walsh commented on the current state of volunteer efforts, and noted that the plan at this time relies on current maintenance contracts. Mr. Moser appreciated that the plan attends to the details of how people actually use the park, and that this park is due for repairs/redesign. Ms. Walsh confirmed that the park was built in 1978. Mr. Moser wondered if the commission should draft a policy on porous pavement. He recommended a maintenance condition Approved 3-27-2025 specific to this be included in the O&M, or the order when issued, and asked after some details of the pavement design, which Mr. Keel provided. He asked if the native plantings would have a fence or other protection, at least until established; Mr. Keel believes the new circulation plan should partially deter trampling, and pointed out railings along one path and a temporary plant establishment fence around a significant portion of the plantings. Heavy and destructive geese activity was noted in this area. Mr. Moser disagreed with a previous assessment of the site as largely shaded, and felt the preservation and expansion of shade trees at this location is important, as Waltham’s South Side has little shade. He asked if removal of some invasives known to be at this location would be done. Mr. Keel said they would look into it, but the specific plants Mr. Moser noted might be within the riparian edge, and the plan was made to avoid disturbance in that area. Mr. Moser added that there is already a standard condition for invasive control within the work/disturbance area. Mr. Dufromont asked about parking and access to the museum while the work is underway. Ms. Walsh explained that the small size of the site doesn’t make sense for phased closures, so they plan to do all the work at once as quickly as possible. For part of the project, access will require a relatively long detour. Comments on the geese. Mr. Moser solicited comments from the public; none were offered. As there are still some minor issues to resolve, mostly involving the O&M plan, Ms. Sullivan recommended continuing this hearing to the next meeting. Mr. Donovan raised the irrigation issue; brief discussion; Mr. Moser suggested that irrigation be shown on the plans through a note that it is part of the plan but the design has not been finalized. Mr. Donovan motioned to continue, seconded by Mr. Dufromont. In favor: Moser, Doyle, Donvan, Dufromont, Andrews. Motion passed. Public Hearing Notice of Intent (DEP File # 316-xTBA) Applicant: ARE-MA Region No. 82 Holding, LLC Property Location: 40-60 Sylvan Road Project Description: Proposed improvements include the construction of two conference room cabins, elevated boardwalk, and associated site work. The project also requires underground utility connections and stormwater management upgrades and associated site work. Conor Nagle of VHB presented for the applicant. Also present: Tyler Abreu of ARE, Scott Morrison of VHB, and Madison Aronow of Copley Wolff. Mr. Nagle provided an overview of the overall site and the planned work, then summarized site conditions. He described the project: the construction of 2 satellite cabins to serve as conference rooms. This will include some replanting. He noted new stormwater structures. The cabins are being placed to account for healthy and dead/dying trees at this location, to minimize impact. Jamie O’Connell from Cambridge Water and Ms. Sullivan walked the site last week, and provided comments which have been taken into account. Ms. Sullivan asked that the comments and responses be presented. She noted an open filing at this address, but in a different area on this large parcel, so not of concern. Mr. Nagle walked through the comments and responses. These are largely technical issues, including stormwater volume and treatment details, O&M plan updates, limit of work lines, marking of jurisdictional boundaries on plans, and discrepancies between the project narrative and submitted plans. Invasive species removal and the planting plan were also discussed. There will be 21 new trees to replace 12 removed. Ms. Sullivan and the commission were satisfied. Mr. Donovan asked for a section view showing how the structures will be placed on piers, which Mr. Nagle showed and further explained. Mr. Donovan asked for some clarification on the utilities; they will all be placed underground, and in the parking lot area, with no new disturbance. Mr. Donovan asked about restrooms; each cabin will include one, because the location is far removed from the main buildings. Sewer utilities will be connected. No gas is being placed, heat will be electrical. Mr. Dufromont asked if CWD had additional concerns; Ms. Sullivan indicated that CWD is also satisfied with the applicant’s responses. Mr. Moser asked if the cabin roof runoff will also be routed to the stormwater system; Mr. Nagle said it will not, and noted the very small volume in question. Mr. Moser was concerned about erosion below the drip edge of the roof, and Mr. Approved 3-27-2025 Nagle said they could install a small line of gravel to prevent this. Mr. Moser appreciated the invasive removal, as it should prevent additional trees being strangled by the bittersweet. A DEP number had not been assigned at the time of the meeting, so the hearing could not be closed. Mr. Moser noted that as the commission had no unaddressed concerns, a continuance is a formality and the applicant’s appearance at the next meeting will be optional. The only condition the commission anticipates adding is for the “drip strip” around the cabins. Mr. Andrews moved to continue, seconded by Mr. Dufromont. In favor: Moser, Doyle, Donovan, Andrews, Dufromont. Motion passed. Commission Business • Approval of meeting minutes from 2-27-2025. Motion to approve by Mr. Donovan, seconded by Mr. Andrews. Motion passed. • Discussion of new and revised Commission procedure documents. The commission tabled this item to the next meeting. Correspondence • NOTED: 77 Copeland Street matter status. Old Business • Site Visit Reports • Committee Reports • CPC: March 11 meeting cancelled, no new applications. Next scheduled meeting April 15. New Business • The Conservation Commission has a vacancy. • Scheduling of Conservation Trust Fund meeting. Mr. Daly asked when the commission would like to schedule the annual meeting, as advance public notice is required. Mr. Moser suggested this be placed on the first agenda within public notice timing. This will probably be the April 10 meeting. • Mr. Moser reminded of the upcoming removal of invasive trees at the Hardy Pond Conservation Area, 1PM Sunday, March 23 (rain date March 30). Mr. Daly confirmed that notification letters had been sent to immediate abutters on 13 March. Motion to adjourn by Mr. Donovan, seconded by Mr. Andrews. All present in favor. Motion passed. Meeting adjourned at 9:04 PM. Approved 3-27-2025