Conservation Commission

Waltham Conservation Commission July 3, 2025 Meeting Minutes NOTE: This was a special supplemental meeting not on the original commission calendar. It was held to address pending applications which had not yet been heard due to the cancellation of prior meetings. 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 7:03 PM. Attendees: Chair Alexander Sbordone, Vice Chair Bill Doyle, Gerard Dufromont, Michael Donovan Philip Moser, Lisa Limonciello. Absent: none Mr. Sbordone noted that this is a special meeting and thanked everyone in attendance for being present on the eve of a holiday. Public Hearing Notice of Intent (DEP File # 316-0838) (continued from 5-22-2025) Applicant: Robert Winn / City of Waltham Engineering Department Property Location: 14 Pine Street (Embassy parking garage) Project Description: The city proposes to treat stormwater runoff from the city-owned Embassy parking garage using green infrastructure to reduce phosphorus loading to the Charles River. No one was present for the applicant. This application had been previously resolved, but a DEP file number had not yet been assigned, so it could not be closed and the commission could not issue an order of conditions. Mr. Doyle moved to close the public hearing, Mr. Donovan seconded. In favor: Sbordone, Doyle, Donovan, Dufromont, Moser. Motion passed. Mr. Doyle moved to issue an order of conditions, to include the extra condition 26.A. as previously discussed. Seconded by Mr. Donovan. In favor: Sbordone, Doyle, Donovan, Dufromont, Moser. Motion passed. Public Meeting Request for Certificate of Compliance: DEP File # 316-0265 Applicant: City of Waltham – Planning Department Property Location: 14 Pine Street (Embassy Parking Lot) Project Description: Development of approx. 1 acre of Embassy parking lot into park land. Ms. Sullivan had previously confirmed with the Engineering Department that the work on this order was never done. Her recommendation was to issue and invalid COC. Mr. Doyle made a motion to do so, seconded by Mr. Donovan. In favor: Sbordone, Doyle, Donovan, Dufromont, Moser, Limonciello. Motion passed. Approved 7-24-2025 Public Meeting Request for Certificate of Compliance: DEP File # 316-0379 Applicant: City of Waltham – Public Works Property Location: 14 Pine Street (Embassy Parking Lot) Project Description: Install 8″ water main along with controls and hydrant and replace concrete walk with bituminous concrete. Ms. Sullivan has confirmed with the Engineering Department that the work was completed and she recommended issuing a COC. Mr. Doyle made a motion to issue, seconded by Mr. Donovan. In favor: Sbordone, Doyle, Donovan, Dufromont, Moser, Limonciello. Motion passed. Public Hearing Notice of Intent (DEP File # 316-0839) (continued from 5-22-2025) Applicant: Bradley Cardoso / Hobbs Brook Real Estate LLC Property Location: 404 Wyman Street Project Description: Construct two paver courtyards and reconstruct the building entrance area at the 404 Wyman Street office building. Currently these areas are entirely lawn. Anthony Donato of Hancock Associates was present for the applicant. This application had been previously resolved, but a DEP file number had not yet been assigned, so it could not be closed and the commission could not issue an order of conditions. Mr. Doyle moved to close the public hearing, Mr. Donovan seconded. In favor: Sbordone, Doyle, Donovan, Dufromont, Moser. Motion passed. Mr. Doyle moved to issue a standard order of conditions, with modifications as noted previously by Ms. Sullivan. Mr. Moser asked to review the modifications, which consisted of the removal of conditions that did not apply at this location. There were no site-specific conditions. Mr. Moser seconded the motion. In favor: Sbordone, Doyle, Donovan, Dufromont, Moser. Motion passed. Public Hearing Request for Amendment to Order of Conditions (DEP File # 316-0835) Applicant: ARE-MA Region No. 82 Holding, LLC Property Location: 40-60 Sylvan Road Project Description: Construction of two conference room cabins, elevated boardwalk, with underground utility connections and stormwater management upgrades and associated site work. Amendments: Discovery of unsuitable soil and fill requires changing cabin foundations from pier- type to slab-on-grade. No additional disturbance is anticipated. Scott Morrison of VHB and Tyler Abreau of ARE were present. Mr. Morrison briefly described the changes. Mr. Donovan asked if a 4’ frost wall would be included. Mr. Morrison showed the plans with this on it, and described the anticipated work. Mr. Doyle moved to close the public hearing; Mr. Donovan seconded. In favor: Sbordone, Doyle, Donovan, Dufromont, Moser, Limonciello. Motion passed. Mr. Doyle moved to issue an amended order. It was noted that the existing special condition is unaffected. Mr. Moser seconded. In favor: Sbordone, Doyle, Donovan, Dufromont, Moser, Limonciello. Motion passed. Public Hearing Notice of Intent (DEP File # 316-0837) Applicant: Michael Chiasson – City of Waltham Property Location: Hardy Pond Approved 7-24-2025 Project Description: Implementation of an Invasive Aquatic Plant Management Program at Hardy Pond by reducing and controlling nuisance and invasive aquatic vegetation by using aquatic herbicides and algaecides within Land Under Water Bodies and Waterways. Tom Schutz of Goddard Consulting and Dominic Meringolo of SOLitude were present for the applicant. Mr. Schutz introduced the project, noting that Hardy Pond is approximately 42 acres, over 1 million square feet, and has been actively managed since 2009 [sic], with milfoil and water chestnut being primary targets of removal. The largest current problem is algae and cyanobacteria. Ms. Limonciello asked how similar this treatment would be to treatments on the Charles River. Mr. Meringolo noted some similarities and differences in the treatments, including some invasive species which would be the same. Ms. Limonciello asked if this was a typical renewal; Mr. Meringolo explained some of the permitting history (the project has been active since 2006, with repeated 2- or 3-year extensions). This NOI is a full updated application [requested by the commission at the time of the most recent extension, March 2023, due to the length of time this order has been in place]. He noted the proposal includes use of an alum treatment, intended as more of a preventative measure than previous treatments. This treatment is safely used in drinking water and SOLitude has experience with it from a project in Framingham. This will be a 3-year order, with extensions possible, and annual reports will be submitted to the commission. SOLitude visits once per month for treatments, April to September, collects monthly samples for algae and cyanobacteria analysis, and twice per year tests water quality for phosphorous, nitrogen, and other basic criteria. Ms. Limonciello asked if planned monthly treatments are modified based on the testing and monitoring. Mr. Meringolo noted that only one herbicide treatment has been needed annually in most recent years, when weed growth did not call for more; they have also shifted over time to hand-pulling of water chestnut, as that has mostly been controlled. He anticipates needing one alum treatment per year, with algicide applied as needed based on sampling results. Mr. Moser noted that he is recusing himself, as he is a notified abutter; however, he would like to make comments as a resident at the appropriate time. It was noted that Ms. Sullivan had been waiting on comment responses from the applicant. Mr. Schutz has provided those responses and he walked through them at the commission’s request. There were 6 items, primarily to clarify details and with little or no impact on this application. Potential time-of-year restrictions, relevant to MA DEP regulations, do not apply but this led into a discussion of seasonal effectiveness for treatments; the question of whether this would be a standard 3-year order or be conditioned for 5 years also received additional discussion, which Mr. Sbordone asked to defer until after public comment. Mr. Moser spoke as a 20-year resident of the neighborhood and expressed appreciation for the efforts made to improve Hardy Pond by the city. He feels the water chestnut removal has been very successful, some of the other weeds less successful. He noted that best practice for treatment should be in March or April, and a treatment now (July) will not be effective. He suggested the commission consider a condition to require treatments in certain time windows. He highlighted that the previous project was conditioned to test pond sediment for herbicide by-products, and suggested this condition also be included in the current requested order; he noted that this testing discovered high concentrations of copper in the pond, which led the applicant to discontinue the use of copper-based treatments. He suggested that the commission scrutinize the proposed treatments and consider limiting or forbidding the use of copper-based treatments. Mr. Daly noted that the existing old order [316-0552, 2006] remains in effect due to 2024’s permit tolling legislation, and that the office was notified of an upcoming treatment this week or next under this order. The paperwork has been received to close the old order when the new one has been issued. Mr. Meringolo clarified that this upcoming visit is for monitoring only. He addressed Mr. Moser’s treatment window concerns, acknowledging that Mr. Moser is correct about this, especially for curly leaf pondweed. Various circumstances have led to treatment delays. He suggested that they would be satisfied using peroxide-based treatments instead of copper, although copper is more effective and restrictions would diminish their management ability. He would like both types of treatment to be approved options. He believes that the testing has revealed copper in the sediment to be less than Approved 7-24-2025 average nationwide. Mr. Dufromont asked into delays on this new application, which Mr. Meringolo explained as a result of staff changes. He noted that their contract with the city will be re-bid for 2026 (it is done as a single-year contract, with 2 annual extensions possible). Mr. Dufromont wanted it noted on the record, in response to public inquiry, that the commission is not responsible for this work or this application, and only acts to approve it in its WPA regulatory capacity; any delays happened prior to the commission becoming involved. Mr. Donovan asked for clarification on the existing order’s status. Mr. Daly explained the automatic 2-year extension. It was also clarified that the applicant is the City of Waltham, and the approved conditions would apply to any contractor. Mr. Doyle raised the issue of time window conditions. Mr. Meringolo did not favor a hard deadline, but agreed that language with the intent of early treatment would be appropriate. He noted that treatment of curly pond weed, for instance, would have no effect at this late date. Moving forward, the intent would be early season treatments. Discussion of copper levels and copper-based herbicides. Mr. Meringolo feels the overall plan is a well-rounded treatment which will be very effective. Opinions on relative danger to people of copper in sediment vs. cyanobacteria in the water. Mark Rudnick, resident and member of the Hardy Pond Association, spoke. He noted that the HPA has made requests to the city, CPW, and SOLitude for years to treat early, and supports a hard date in the conditions. He expressed skepticism of both algicide treatment effectiveness and the value of a 5-year term for the order. He felt a 3-year or even 1-year term might be more appropriate, as it would lead to a harder look at actual results. Mr. Sbordone agreed both that early treatment dates are desirable and that a 3-year term seems more reasonable. Ms. Limonciello asked into the reason behind recent delays; Mr. Meringolo pointed to previous delays in the city issuing purchase orders, but this year was a staffing issue. Mr. Sbordone suggested that the ConCom could work with the city in future to stress that this work has time requirements and that POs should be expedited. Mr. Doyle stated that if these points are important, they should be taken up with Mr. Chiasson. Mr. Donovan moved to close the public hearing, seconded by Mr. Doyle. In favor: Sbordone, Doyle, Donovan, Dufromont, Limonciello. Motion passed. Motion to issue an order of conditions with a 3-year term by Mr. Donovan; to include a special condition that curly pond weed be treated by May 15. Seconded by Mr. Doyle. In favor: Sbordone, Doyle, Donovan, Dufromont, Limonciello. Motion passed. Public Meeting Request for Determination of Applicability Applicant: Alexandra Echandi – MA DCR Property Location: 53BEF Trapelo Road (Beaver Brook Reservation) Project Description: Installation of ramp approaches on two bridges, removal of existing steps that limit bridge access for trail users and in-kind replacement of rotted bog bridge stringers within Bordering Land Subject to Flooding, Bordering Vegetated Wetlands, the 200-foot Riverfront Area and the 100-foot Buffer Zone. All work will be completed on foot using hand tools. Replaced materials will be disposed of off-site. Ms. Echandi was present. She showed the specific locations and described the work. In response to a previous commission comment, she clarified that there will be no related RDA with Belmont, as this work is all on the Waltham side. Mr. Moser moved to issue a Positive 2B / Negative 2 Determination, as recommended by Ms. Sullivan. Mr. Doyle seconded. In favor: Sbordone, Doyle, Donovan, Moser, Dufromont, Limonciello. Motion passed. Public Hearing Request for Amendment to Order of Conditions (DEP File # 316-0816) Applicant: Bubchull Kim Property Location: 171 Copeland Street Project Description: Construction of 80 sq.ft. and 598 sq.ft. additions to the rear of the dwelling and construction of a rain garden. Approved 7-24-2025 Amendments: Expansion of impervious driveway and expansion of rain garden to compensate for increase to impervious area. Applicant is resolving issues with the city engineering department, and has requested a continuance. Motion to continue to the 7/10 meeting by Mr. Doyle, seconded by Mr. Moser. In favor: Sbordone, Doyle, Donovan, Moser, Dufromont, Limonciello. Motion passed. Public Meeting Request for Certificate of Compliance: DEP File # 316-0825 (continued from 3/27/2025) 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. The applicant was not required to be present. There were outstanding issues in March, but Ms. Sullivan made a follow-up visit on 5/29 and all concerns have been resolved and she recommended issuing. Motion to issue by Mr. Donovan, seconded by Mr. Doyle. In favor: Sbordone, Doyle, Donovan, Moser, Dufromont. Motion passed. Public Hearing Notice of Intent (DEP File # 316-0840) Applicant: J. Butler Property Management Property Location: 1105 & 1105AJ Lexington Street Project Description: Repair and upgrade pavement with improvements to stormwater mitigation. An underground storage and detention system is proposed to capture, retain and slowly release flows of runoff in order to reduce flow to the city drainage system. No new paved areas are being added or buildings expanded. Suitable erosion controls will be provided to protect resource areas during construction. Alan Roscoe of TF Moran was present for the applicant. Mr. Roscoe described current conditions and provided some history of the site. He described the existing drainage and proposed improvements, with focus on the need to work around the unusual and difficult utility configurations and subsurface conditions at the site. Ms. Sullivan had sent some comments and questions to the applicant in June, and Mr. Roscoe walked through the responses for the commission. He noted that Ms. Sullivan also recommended they use the new FEMA maps, to take effect later this year; this required little or no modification and has been done. The commission was satisfied with the responses. Mr. Donovan asked clarifying questions about the existing and proposed drainage connections with the city’s system, which Mr. Roscoe answered. Mr. Donovan asked if the city engineering department is satisfied with this plan; Mr. Roscoe stated that they are, but have not yet issued a formal approval. Mr. Moser asked, as a tangential matter, if the pond has a name; he refers to it informally as “Brookhaven Pond” after the Brookhaven apartments which abut it on the north side. Mr. Roscoe noted that current FEMA maps also label it Brookhaven Pond. Motion to close the public hearing by Mr. Moser, seconded by Mr. Doyle. In favor: Sbordone, Doyle, Donovan, Dufromont, Limonciello, Moser. Motion passed. Motion to issue by Mr. Moser, to include the standard special conditions but no site-specific conditions. Seconded by Mr. Doyle. In favor: Sbordone, Doyle, Donovan, Dufromont, Limonciello, Moser. Motion passed. Motion to adjourn by Mr. Doyle, seconded by Mr. Moser. Mr. Moser noted that this is his last meeting as a commission member. He notified the mayor of his intention to resign some months ago. He has been on the commission for 10 years and enjoyed getting Approved 7-24-2025 to know the other members and is proud of the work the commission has accomplished. The other commission members expressed their appreciation of Mr. Moser’s service. All present in favor of the motion to adjourn. Motion passed. Meeting adjourned at 8:39 PM. Approved 7-24-2025