Place: City Hall, Room 204

CONSERVATION COMMISSION AGENDA

Date:March 2, 2017

Time: 7:00 pm

NOTE: Items may be called in any order, at the Chair’s discretion.

NOTE: The Conservation Commission reserves the right to discuss open wetland cases during the public meeting at which they are due to be heard.

DECISIONS -- WETLANDS

1. NOI -- 229 Cabot St – DEP File #239-_____ -- replace box culvert (Laundry Brook)

Owner: Newton Applicant: Utilities (T. Jerdee) Rep.: Weston& Sampson (Jaurice Schwartz)
Request: Replace 480 linear feet of the 5’x10’ box culvert that carries Laundry Brook. The culvert is failing and must be replaced before the Cabot School is reconstructed because the new school building will span the culvert.
Jurisdiction: Land Under Wetlands and Waterways
Performance Standards: Land Under Wetlands and Waterways 10.56

(a) Work shall not impair the following:

1. The water carrying capacity within the defined channel…;

2. Ground and surface water quality;

3. The capacity … to provide breeding habitat, escape cover & food for fisheries;

4. The capacity of said land to provide important wildlife habitat functions. …

5. Work on a stream crossing … [not applicable].

(b) The issuing authority may issue an Order to maintain or improve boat channels

Documents Presented: Proposed plans Proposed plans, site photos, draft OOC
Staff notes

The only jurisdictional resource area is LUWW
The existing culvert is 1.5 miles long, so does not provide wildlife habitat or infiltration/exfiltration functions and values.
The Commission should focus its review on maintaining water quality and flows during excavation, stockpiling, dewatering and bypass pumping.
Recommendation: Close the hearing and issue an order of conditions with the following special conditions:

Sedimentation/erosion control plans shall be submitted to the Conservation Commission office 2 weeks in advance of installation for review and approval, and installed as appropriate to ensure that side-cast excavate does not reenter the culvert.
Dewatering plans shall be submitted to the Conservation Commission office 2 weeks in advance of installation for review and approval. Dewatering discharge must be free of visible sediment.
Bypass pumping plans shall be submitted to the Conservation Commission office 2 weeks in advance of installation for review and approval.
Bypass pumping shall occur only during working hours
The culvert shall be cleaned daily prior to reinstating flows following bypass pumping.
No new connections to the culvert (live or capped) are proposed or permitted ????
Work should proceed upstream to downstream to minimize risk of scour of newly bedded sections and to allow for the final section to be the custom poured-in-place section.

2. NOI -- 170-172 Sumner St. – DEP File #239-_____ -- addition to two-family home

Owner: Yang Su and Yu Zheng Applicant: same Rep.: EcoTec (John Rockwood)
Request: Remove existing deck, construct an addition to a two-family home
Jurisdiction: Riverfront Area , City Flood Zone
Performance Standards:

City Flood Zone – The City Flood Zone is defined as a 30’ wide swath, but since the contours climb over 10’, the Commission determined that a reasonable flood elevation would be 136.0’ CNVD. All proposed work is above that grade. There is no FEMA flood zone on the subject parcel.
Riverfront Area: 10.58(4)

(d) No Significant Adverse Impact.

1. Within 200 foot riverfront areas, the issuing authority may allow the alteration of up to 5000 square feet or 10% of the riverfront area within the lot, whichever is greater …, provided that:

a. At a minimum, a 100’ wide area of undisturbed vegetation is provided… preserved or extended to the max. extent feasible….

b. Stormwater is managed …

c. Proposed work does not impair … important wildlife habitat functions. …

d.… incorporating erosion and sedimentation controls … to attenuate nonpoint source pollution.

Riverfront Area: 10.58(5) : Redevelopment w/in Previously Developed Riverfront Areas; Restoration&Mitigation

… work improves existing conditions.
Redevelopment means … reuse of degraded or previously developed areas.
A previously developed riverfront area contains areas degraded prior to August 7, 1996....
Work to redevelop previously developed riverfront areas shall …:

(a)At a minimum, work shall result in an improvement over existing conditions …

(b)Stormwater management is provided according to standards

(c)Proposed work shall not be closer to the river than existing conditions or 100’, whichever is less

(d)Proposed work…shall be located… away from the river, except in accordance with 10.58(5)(f) or (g).

(e)…. proposed work shall not exceed the … degraded area … except in accordance with 10.58(5)(f) or (g).

(f)despite what it says in 310 CMR 10.58(5)(c), (d), and (e), more alteration at the RFA outer boundary may be allowed if an applicant proposes restoration … of at least 1:1 …

(g)despite what it says in 310 CMR 10.58(5)(c), (d), or (e), more alteration at the RFA outer boundary may be allowed if an applicant proposes mitigation … of at least 2:1

(h)The issuing authority shall include a continuing condition in the COC …under 10.58(5)(f) or (g) prohibiting further alteration within the restoration or mitigation area....

Documents Presented: Proposed plans Proposed plans, site photos, draft OOC
Staff notes

Most of the new development is over existing asphalt – all of that is fine/allowed as “redevelopment with improvements”, but
There is new developed footprint and the total new footprint exceeds 5000 sf and 10% -- that is not allowed under 10.58(4).
DEP has been asked to clarify the situation
Recommendation: Only issue an order of conditions for a development that does not exceed the current total hardscape area:

3. COC requests

326 Fuller St. – DEP File #239-352 -- pond restoration
Owner: Brae Burn Country Club Applicant: Brae Burn Country Club Rep.: Beals and Thomas (Sarah Stearns)
Documents Presented: draft COC
Staff Notes: The 1998 project was apparently never initiated.
Recommendation: to issue a COC, noting that work never commenced
257 Winchester St. – DEP File #239-675 -- addition to SFH and detached garage
Owner: Konstantine Zhizhin Applicant: same Rep.: Peter Nolan and Assoc. (Edmund)
Jurisdiction: Buffer Zone
Documents Presented: site photos, draft COC
Staff Notes: The project was completed appropriately; as-builts and letter were received.
Recommendation: to issue a complete COC.
55 Boylston St. – DEP File #239-484 -- rain gardens, sand filters, vegetated buffer areas
Owner: WS Development Applicant: Newton ConCom Rep.: Horsley Witten
Documents Presented: site photos, draft COC
Staff Notes: The 2006 project was completed by City staff and volunteer contributors
“Bio 1”- “Bio 5” rain gardens installed on W and S of Hammond Pond – Bio 4 will be reconstructed by WS.
2 sand filters were installed in the “DCR” parking lot
Vegetated buffer areas were planted by volunteers from the Chestnut Hill Garden Club.
“Bio 1, 2, 3, and 5” are in ok shape. They are supposed to be getting maintained “by the City.”
“Bio 4” will be reconstructed and maintained by WS.
2 sand filters have been maintained in 2009 and 2011. They should be maintained by the City.
A Vortechnics unit was added up gradient of the filters. It should be maintained by the City.
Vegetated buffer areas were heavily grazed by geese, fencing failed.
Recommendation: Determine maintenance responsibilities before signing off on the COC.

UPDATES -- WETLANDS

4. 46 Suffolk Rd.: Wetland restoration follow-up presentation

DECISIONS -- CONSERVATION AREAS

5. Beekeeping License Agreement for Norumbega. Law Department drafted license. Commission needs to sign 2 copies.

DECISIONS -- ISSUES AROUND TOWN

6. Gas Pipeline Sign-on Letter. Councilor Emily Norton will discuss gas pipelines and the sign-on letter to Gov. Baker asking him to withdraw support for interstate gas pipelines in Massachusetts. These are her talking points.

Natural gas used to be considered “a bridge fuel” and many still consider it less environmentally harmful than coal

But natural gas is at heart still a fossil fuel

And in fact new data is showing that due to the leakage at all points along the production process, and the disproportionate warming impacts of methane vs CO2, that gas may be as bad if not WORSE than coal

25% of Newton’s greenhouse gas (GHG) emissions are from leaking methane under our roads!

So we must get off natural gas if we are to prevent the worst impacts of climate change – drought, heat wave, sea level rise, extreme storms, tropic disease expansion, etc.

Gov. Baker wants to build new natural gas pipelines here in Mass, and have the ratepayers fund them

He says $3B… new report says more like $6B

He would pay for them by surcharge on electric bills

Ordinarily, pipeline companies (i.e., gas customers) pay for their own pipelines; ratepayers don’t pay for them

Mass Senate voted unanimously in June 2016 to prohibit “pipeline tax”

Supreme Judicial Court ruled in Aug 2016 it is illegal under current state law to charge ratepayers for gas pipeline construction, aka “pipeline tax”

But Gov. Baker is working with state legislators and electric utilities to find a new way to get ratepayers to pay for pipelines

There is evidence this gas would be sent for export to Europe

Pipeline is supposedly to deal with peak demand…that’s like building a wing on your house for the 2 times a year your in-laws come to visit

Report shows by the time pipeline would be complete, so much renewable energy would be coming online, pipeline would already be obsolete

Pipelines destroy conservation land, which is why this is very much within the bailiwick of Newton Conservation Commission, and why 60+ other ConComs have signed the letter to Baker

Compressors pollute local air in the form of VOCs and other fugitive emissions

Even though gas is not extracted here, demand for gas here pollutes water & air of people in Pennsylvania – see op-ed from PA Sierra Club chapter chair

Documents Presented: sign-on letter. hand-outs from Councilor Norton

DECISIONS -- ADMNISTRATIVE

7. Minutes of 2/2/17 to be approved.

Documents Presented: draft minutes

UPDATES -- CONSERVATION AREAS

8. Steward event occurred March 1st.

UPDATES -- ISSUES AROUND TOWN

9. Trails connectivity projects: Riverside area moving along with a recent meeting with Rep. Kay Khan. UFGW connections moving along with initial outreach to MassDOT/MBTA.

UPDATES -- ADMINISTRATIVE MATTERS

10. None to date

OTHER TOPICS NOT REASONABLY ANTICIAPTED BY THE CHAIR 48 HOURS BEFORE THE MEETING

ADJOURN

The location of this meeting is wheelchair accessible and reasonable accommodations will be provided to persons with disabilities who require assistance. If you need a reasonable accommodation, please contact the city of Newton’s ADA/Sec. 504 Coordinator, Jini Fairley, at least two business days in advance of the meeting: or (617) 796-1253. The city’s TTY/TDD direct line is: 617-796-1089. For the Telecommunications Relay Service (TRS), please dial 711.

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