Conservation Commission

Waltham Conservation Commission April 10, 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 7:05 PM. Attendees: Vice Chair Bill Doyle, Michael Donovan Philip Moser, Louis Andrews. Conservation Agent Meghan Sullivan. Absent: Chair Alexander Sbordone, Gerard Dufromont Mr. Doyle acted as chair. Ms. Sullivan acted as clerk. Public Meeting Request for Certificate of Compliance (DEP File # 316-0142) Applicant: Diana Young Property Location: 170 Lakeview Avenue Project Description: New house construction. [This is an old filing (1986), never closed. The property is changing hands and COC has been requested to clarify status.] Ms. Young was present, on behalf of the Waltham Land Trust, which is in the process of buying some of the property here. She summarized the ownership and filing history of the parcels involved, dating to 1986. She noted that information at the registry of deeds shows some incorrect information. Originally, the 170 Lakeview Ave lot and two waterfront parcels, 142PAS Lakeview and 170OPP Lakeview, were listed on the same deed, but the waterfront parcels were later sold off. She and WLT’s attorney have determined that the incomplete information at the registry, specifically the fact that this DEP filing was never closed, places a cloud on the title. She is asking the commission to issue a COC to help resolve this. Discussion. Mr. Daly from the commission office has looked through the files to locate as much information as possible. It appears that there were two filings at adjacent addresses, 170 Lakeview Ave [316-0142] and 166 Lakeview Ave [316-0181], within about 18 months of each other, and that there is confusion in the files relating to which filing was on which property and what work was done under each filing, dating back to the original dates. He noted that even though there were multiple parcels on the original deed, the filings were specific and did not include the waterfront parcels in the NOIs or OOCs. Mr. Moser asked if the scope of work in the filings was known; Mr. Daly stated that 170 was for a new house, but 166 only for a driveway. Ms. Young commented on the OOC for 170, which indicates significant work beyond what a driveway would require. There is some narrative description, but no plans in the file. She added that at the time of the filing and work at 166, the waterfront parcels were still on the 170 deed, so were not involved. The ownership transfer happened about 10 years later. A COC was issued for 166, but it seems to have been filed to the deed for 170; while the OOC for 166 appears to have been filed to 170. These errors were only discovered recently. Mr. Daly expressed the opinion that the commission should issue the Approved 4-24-2025 COC, since this was not previously done, but that Ms. Young and WLT’s attorney have done extra due diligence because the original order does not actually apply to the waterfront parcels; they are only involved because they were once on the deed for 170. Mr. Moser thanked Ms. Young for attempting to correct this old issue, noting that there are numerous old filings which were not properly closed. He asked if compliance of the plans could be verified before closing, or if a partial COC might be called for. Mr. Daly noted that the files do not contain plans for 170 (only 166), so verification is not possible. Mr. Moser accepted this limitation and further added that if there had been a problem with this work the commission has had nearly 40 years to address it, and has not. Ms. Young noted that the house at 170 has changed ownership and no issues were ever noted. Mr. Doyle agreed that the lack of plans limited the commission’s options. Mr. Moser addressed jurisdictional facts of the parcel, noting it is in buffer zone at least 50 feet from the water, with the approved work likely to have had small impact, unless fill or grading compensation was needed due to it being in BLSF. He stated that he has lived in the general area for 20 years and has not observed any work at this location during that time. Mr. Donovan moved to issue the COC; Mr. Moser seconded. In favor: Doyle, Donovan, Moser, Andrews. Motion passed. Ms. Young thanked the commission, as well as the office staff for their work combing through old files to resolve this. Commission Business • Approval of meeting minutes from 03-27-2025. Motion to approve by Mr. Donovan, seconded by Mr. Andrews. Motion passed. • Discussion of new and revised Commission procedure documents: o Revisions to Standard Special Conditions. Mr. Moser suggested that based on the low attendance (4 of 6 commissioners), a vote should be deferred to the next meeting. Discussion of Mr. Donovan’s suggested changes to the proposed policies regarding mitigation of new construction causing shading of jurisdictional areas, and bird-safe glass requirements. Some changes will be made to the wording and the document will be recirculated before a vote. o 30 Foot No Disturbance Zone Policy (“NDZ”). The commission chose to simplify the discussion but will go into detail when all members are next present. Discussion largely focused on the NDZ distance used by other municipalities; 25’ is common, sometimes 30’, sometimes 50’. Ms. Sullivan noted that most towns with an NDZ have it written into a bylaw or ordinance, and those who don’t use a written policy for efficiency and consistency. DEP regulations do not include explicit guidance, but NDZ policies are supported by the science. Mr. Moser added that the formal regulations focus on performance standards. He favors creating a policy for consistency, especially as it would provide guidance for applicants. Mr. Donovan asked how the policy would be made available. Ms. Sullivan recommended posting on the commission website, and noted that she frequently receives calls or email from applicants asking about the city’s wetlands bylaw, as they are used to working within one in other towns [Waltham does not have a conservation bylaw]. Mr. Doyle asked for clarification on what is now available on the website; it is presently mostly procedural information around filings, not this type of specific project design guidance. He noted that the WPA allows work right up to the edge of a delineated wetland, and Waltham could still allow this under an NDZ policy, by a “variance.” He added that DEP has backed 25’ NDZs on appeal, and supports an NDZ policy for Waltham. Mr. Moser believed most projects would already meet the NDZ requirement, and an NDZ would improve projects which do not. Ms. Sullivan will recirculate the policy to all commissioners prior to the next meeting. Correspondence Approved 4-24-2025  • NOTED: Governor Healey has signed the bill extending remote meetings through June 30, 2027. • NOTED: Keolis (MBTA) has notified of planned 2025 vegetation management for the railway right- of-way, under the approved 2021-2025 plan. • NOTED: MACD (Massachusetts Association of Conservation Districts) will hold their annual “Statewide Local Working Group Meeting” April 15 by Zoom, focusing on agricultural concerns. Old Business • FY2026 budget. Slight modifications have been made to personnel expenditures, based on revised amounts from Auditing. Mr. Moser asked if this involved the full-time Conservation Agent position, approved by the mayor and City Council in the current budget year, but not yet posted. Mr. Daly clarified that the Conservation Agent is in the FY2026 budget unchanged, and that the modifications noted were very small changes in the spreadsheets from Auditing. Site Visit Reports • Committee Reports • CPC: Next meeting scheduled for April 15, 2025. New Business • Motion to adjourn the regular Conservation Commission meeting and call to order a meeting of the board of trustees of the Conservation Trust Fund by Mr. Donovan. The commission will not return following that meeting. Seconded by Mr. Andrews. All present in favor. Motion passed. Meeting adjourned at 7:50 PM. [The Conservation Trust Fund meeting video recording is continuous with this meeting, but the minutes of that meeting have been recorded separately.] Approved 4-24-2025