Concord Zoning Board approves earth-removal permit for Symes Development with strict conditions

The Zoning Board of Appeals for the Town of Concord voted to grant an earth-removal permit to Symes Development and Permitting LLC on a motion by Zoning Board member Elizabeth Dwyer Leonard, subject to conditions discussed and amended at a virtual hearing. The permit covers removal of 60,690 cubic yards of earth at parcels on Main Street and Highland Street in West Concord.

The board said the permit was issued in compliance with a Land Court judgment that directed the town to issue an earth-removal permit and allowed the board to impose reasonable conditions that do not alter approved plans. The board’s conditions limit hours for earth-hauling, require an approved haul route and independent environmental monitoring, require compliance with state idling and stormwater rules, and include special restrictions for local events such as West Concord Porchfest.

The decision matters because the excavation will take place adjacent to homes, a school and neighborhood amenities, and neighbors raised concerns about noise, dust, ground vibration, tree and root impacts, truck traffic and diesel emissions. The board said its authority was constrained by the Land Court ruling but that it had added conditions to reduce neighborhood impacts.

Board members and staff reviewed a draft decision and amended several conditions during the hearing. Among the specific changes discussed were aligning vehicle idling language with Massachusetts law (a five-minute idling limit), changing “will” to “shall” in some requirements for consistency, adding “earth removal and grading” to the list of activities subject to the town’s construction-noise bylaw, and requiring a scrim (screening netting) on the Highland Street frontage fence.

Elizabeth Dwyer Leonard, identified on the record as a member of the board, moved to grant the permit “subject to the earth removal permit as discussed and amended this evening.” Ravi Freya and Chair Thomas Swain voted in favor; the motion passed and the board approved the permit with the conditions adopted during the hearing.

Symes’ representative, Jeff Ruder, told the board, “We’re moving ahead with the project as approved,” and later said the developer would avoid hauling on the day of West Concord Porchfest. Ruder and project representatives also described geotechnical work already completed on the site, saying there are 57 test holes and that no ledge was found in those investigations.

Among the board’s conditions and implementation steps discussed at the hearing: - Haul route approval and restrictions: The board required that the haul route be reviewed and approved; the route cannot use weight-restricted bridges. Trucks leaving the site must be tarped and the stormwater pollution-prevention plan must address mud/debris and street sweeping as needed, per state and federal requirements referenced by staff. - Trucking hours: The board limited earth-hauling on public roads to specified hours (referenced in discussion as 9 a.m. to 3 p.m.) to reduce conflicts with school commuting and peak traffic; the police department is to coordinate details and set school-commuting times enforcement. - Work hours and noise: The town’s construction-noise bylaw applies to exterior site work (site preparation, grading, tree removal), and the board added earth removal and grading to the list of activities subject to that bylaw. Board members discussed, but did not change, general on-site work hours for non-hauling activities; earth-hauling times are the primary restriction enforced on public ways. - Environmental monitoring and erosion controls: The permit requires the applicant to submit an EPA notice of intent for the NPDES general permit (for disturbance of more than one acre) and to retain an independent environmental monitor who will perform weekly inspections and review sediment/erosion controls and dust mitigation. - Dust and air-quality complaints: Board and staff advised residents to contact the site superintendent first; if unresolved, complaints can be directed to the Concord Police Department outside business hours and to the building commissioner during business hours. Staff also noted state and DEP standards and the town’s health authority as relevant enforcement resources. - Tree protection and tree-preservation review: Board members and town counsel clarified that tree-preservation rules and any tree-removal permitting are handled through separate planning and tree-preservation-bylaw processes tied to the subdivision/building-permit phases; the earth-removal permit itself does not authorize tree-removal beyond the scope defined in the approved subdivision plans. - Geotechnical safeguards: The board noted that a geotechnical peer review and geotechnical conditions are already part of the planning-board approvals; the geotechnical reviewer had recommended retaining walls and other stabilizing measures for areas near Center Village lots. - Performance guarantee and bonds: The board noted existing performance guarantee requirements associated with the definitive subdivision approval; the permit references those existing bonding/guarantee mechanisms rather than creating a new separate performance bond in the earth-removal permit.

Public commenters urged tighter restrictions and greater specificity. Scott Richardson, a resident, asked the board to set firm, enforceable measures for truck schedules, diesel emissions and air-quality impacts. Several abutters urged pre-construction structural checks and arborist review for trees near excavation. Center Village HOA trustee Karen Aguil requested that Symes work with Center Village and an ASCA-certified arborist to assess at-risk trees and mitigation. Multiple residents requested that the board specify how dust would be measured and enforced; the board and staff noted that the independent environmental monitor and permitting requirements would address sediment/erosion and dust-control measures and that state DEP standards exist for air quality.

Town counsel Christina Marshall and staff repeatedly reminded the hearing that the Land Court judgment limited the board’s authority to impose reasonable conditions that do not alter the plaintiff’s approved plans. Marshall noted the ZBA had only a limited time to issue a decision and that the hearing was to adopt conditions within that legal framework.

The board closed public comment before taking the motion. Elizabeth Dwyer Leonard moved to grant the permit; after the motion was amended to incorporate the conditions discussed that night, the board recorded aye votes and approved the earth-removal permit with the specified conditions.

The decision requires the applicant to coordinate with Concord Public Works, the police department and the building commissioner for implementation and enforcement, and it references the planning-board conditions and geotechnical requirements that remain in force as part of the subdivision approval. The board recorded the vote in the decision document for the permit.