Conservation Commission

Waltham Conservation Commission March 27, 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. Absent: none Development Prospectus Sign Off • 677 Main Street. Includes parcels recorded as 677-85 Main Street, 687-97 Main Street, 699-03 Main Street, 705-09 Main Street, 24 Common Street, 15 Spring Street, and 17 Spring Street. The location is not in WPA jurisdiction. Fred Kimberk presented. He is the owner and architect. The project involves taking down 4 1- story commercial buildings, to be replaced with 4 5-story buildings, commercial on the first floor, residential above. As the property is not in jurisdiction, the commission had no additional questions. Mr. Doyle moved to allow the chair or conservation agent to sign off. Seconded by Mr. Donovan. In favor: Sbordone, Doyle, Moser, Donovan, Andrews, Dufromont. Motion passed. The commission wished him luck with the project. Multiple commissioners added thanks for building up instead of out, which helps preserve the open space and sensitive areas in the city. Public Hearing Notice of Intent: DEP File # 316-0834 (Continued from 3-13-2025.) 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. Beth Walsh from DCR and Andrew Keel, Hatch, present for the applicant. Ms. Sullivan and Mr. Keel briefly reviewed the clarifications on the special conditions. Discussion of the porous pavement maintenance requirements. Applicant’s O&M plan is based on UNH recommendations, while the commission preferred using MA DEP recommendations. Ms. Walsh explained DCR maintenance limitations and noted that their DEP MS4 permit requires twice per year cleaning of porous pavement. She noted that DCR is very concerned with the design here and is investing significantly in it and the infiltration of the porous pavement is important to it, so they want it to succeed and expect maintenance to be a priority. They expect to do extra vacuuming during the warranty/establishment period (3-4 times), and they plan to have a specific contract with their landscape maintenance contractor for the pavement. This is anticipated to follow the 2 times per year standard, with additional Approved 4-10-2025 cleaning after unusual events (such as a hurricane). They will be monitoring, but DCR can’t approve this as an in-perpetuity condition. Mr. Dufromont asked for confirmation that the dam repair project [see 3/13/2025 minutes] is to be completed first, asked about scheduling. Ms. Walsh was not certain of the dam project, as that is not under her office, but believes they want to start as soon as possible and end in FY25 (by June 30). The Landry Park project is budgeted FY26 and she hopes to have it out for bid in the next month or two, and begin work in FY26 (after June 30). Mr. Dufromont asked about access and detours and signage during work. There will be limited access at times, with signage, and there will be a pre-construction meeting for the public to provide details on closures and the timeline. Ms. Sullivan presented the proposed site-specific conditions for review. Motion to close the public hearing by Mr. Donovan, seconded by Mr. Doyle. In favor: Sbordone, Doyle, Moser, Donovan, Andrews, Dufromont. Motion passed. Motion by Mr. Doyle to issue an order of conditions with the special conditions and site-specific conditions as described and discussed. Seconded by Mr. Donovan. In favor: Sbordone, Doyle, Moser, Donovan, Andrews, Dufromont. Motion passed. Public Hearing Notice of Intent: DEP File # 316-0835 (Continued from 3-13-2025.) Applicant: ARE-MA Region No. 82 Holding, LLC Property Location: 40-60 Sylvan Road Project Description: Proposed improvements including the construction of two conference room cabins, elevated boardwalk, and associated site work with underground utility connections and stormwater management upgrades. Conor Nagle of VHB present for the applicant. Mr. Nagle noted that the commission was ready to close this hearing and issue an order of conditions at the previous meeting, but could not because DEP had not yet issued a file number. It now has. Ms. Sullivan presented the single special condition discussed at the previous meeting. Mr. Donovan moved to close the public hearing, seconded by Mr. Andrews. In favor: Sbordone, Doyle, Moser, Donovan, Andrews, Dufromont. Motion passed. Motion by Mr. Doyle to issue a positive order of conditions with the site-specific conditions, seconded by Mr. Andrews. In favor: Sbordone, Doyle, Moser, Donovan, Andrews, Dufromont. Motion passed. Public Meeting Request for Certificate of Compliance: DEP File # 316-0825 Applicant: Paul Finger Associates (for Gail Jordan) Property Location: 44 Lauricella Lane Project Description: Construction of a pool and patio in the rear yard. Work includes demolition of existing shed, construction of retaining wall, and removal of 3 trees. Paul Finger was present for the applicant. Mr. Finger briefly described the project. He touched on several issues raised in correspondence by Ms. Sullivan. Discussion. Mr. Moser asked about some replanting and other conditions he recalled, but wasn’t sure if this was the correct project or another in the neighborhood, or an earlier project at this location; Ms. Sullivan believes it was probably a different project and Mr. Daly could not find a previous filing at this address back to 2015. Mr. Moser was satisfied with this. Discussion on issuing now or delaying to allow plantings to establish. Motion by Mr. Moser to continue this item for 2 months to address the remaining issues. Seconded by Mr. Donovan. Mr. Doyle asked Mr. Finger if there is time pressure to close this; Mr. Finger responded that there is not and a delay would be acceptable. Mr. Donovan asked if there had been any stabilization concerns where erosion controls are visible in photos; Mr. Finger and Ms. Sullivan confirmed there is no erosion. He asked if the controls would be left or removed. Mr. Finger said they expect to leave them to decay; discussion of degradable natural fiber controls vs. artificial materials. Mr. Finger will confirm that the ones on site will decay and report to Ms. Sullivan. Mr. Moser appreciated that Mr. Finger and his client have nearly completed the work, but the commission should confirm 100% Approved 4-10-2025 compliance before issuing a COC. In favor: Sbordone, Doyle, Moser, Donovan, Andrews, Dufromont. Motion passed. The commission will expect to see this item again at the 5/22/2025 meeting. Commission Business • Approval of meeting minutes from 3-13-2025. Motion to approve by Mr. Donovan, seconded by Mr. Andrews. In favor: Sbordone, Doyle, Moser, Donovan, Andrews, Dufromont. Motion passed. • Discussion of new and revised Commission procedure documents: Standard Special Conditions. o Mr. Moser explained that the commission reviews the SSOOC every couple of years. [The current revision was approved January 2022.] He collects notes for the update. He has been working with Ms. Sullivan on this revision. He noted that the proposed changes fall into two general categories, roughly defined as “editorial” and “technical.” Editorial changes are not substantive, but clarify weak language or delete repetitive language or better organize existing conditions according to their typical place in a project timeline. Technical changes are substantive revisions to conditions, or addition of new conditions, or deletion of existing conditions. Ms. Sullivan displayed the document, with changes highlighted, and Mr. Moser provided an extensive walk through of the changes. o Items of note: Reorganization of some items based on typical order in pre-, during, or post-construction timeline; explicit removal of erosion controls (or use of fully degradable); confirmation of approval from city Engineering Department, when relevant; submission of planting, invasive management, and snow removal plans on all projects (unless waived by the commission); proposal of light pollution conditions, based on current best practices; changes to planting requirements, especially in riverfront area and regarding native species, these changes to better define “native” and in general to allow more leniency in the native/non-native mix for planting expectations; discouragement of artificial turf installation; a bird-safe glass requirement in commercial riverfront structures; revision to fence conditions, specifically regarding the gap for wildlife and distance from bank (with exceptions); clarifying time-defined vs. in- perpetuity conditions; rodenticide restrictions; required signage; blocking sunlight with new construction. o Some of the items were discussed in more detail, including whether the commission has jurisdiction or the ability to enforce all items, or how some of the language could be modified. Discussion of items to keep as-is or strike entirely, as well as which to revise. Changes will be made and the commission will plan to review and vote at the next meeting. Correspondence • NOTED: Receipt of Eversource Energy ROW Notification. 2025 Yearly Operational Plan EMA-8- 2 for application of herbicides along Waltham’s power line rights-of-way. • NOTED: The House has passed a bill to extend remote and hybrid meeting authorizations to June 30, 2027. Mr. Daly added that both houses have passed the bill, but that the governor has not yet signed it, so the remote or in-person status of the next commission meeting (10 April) has not been determined. [Note that the governor signed the bill into law on 28 March and commission meetings will continue to take place via Zoom.] Old Business • Site Visit Reports Approved 4-10-2025  • Committee Reports • CPC: Next meeting is scheduled for April 15. New Business • FY 2026 budget discussions. The commissioners have received the draft budget. No items were raised for additional discussion. • Conservation Trust Fund. Mr. Daly noted that the auditor has sent the current account information to Mr. Dufromont, in preparation for the meeting in April. Motion to adjourn by Mr. Doyle, seconded by Mr. Andrews. All present in favor. Motion passed. Meeting adjourned at 8:33 PM. Approved 4-10-2025