Concord Natural Resources Commission continues five permit applications, issues several determinations and hears wetlands and pond-management updates

At a hybrid in-person and Zoom meeting, the Town of Concord Natural Resources Commission continued five permit applications to its April 2 meeting, issued negative determinations or administrative approvals for multiple projects, and reviewed a potential wetlands violation on a parcel abutting land owned by the National Park Service.

The commission's action list included a motion to continue without discussion five notices of intent that are scheduled for future review (see “Votes at a glance” below). Commissioners also issued negative determinations of applicability on multiple site-specific requests and took routine administrative actions including a certificate of compliance and an order of conditions.

Why it matters: the decisions affect wetland protections, septic work next to White Pond, invasive-plant management on shared condominium lands, mitigation for an after-the-fact tree-clearing enforcement case on Garfield Road, and management proposals for Warner's Pond — all matters with direct water-quality and habitat implications for Concord residents and downstream resources.

Key votes and permit outcomes

- Continued to April 2 (motion approved): the commission voted to continue without discussion these notices of intent until the April 2 meeting: 110 Spencer Brook Road (DEP file 137-1686); 18A College Road (DEP file 137-1690); 154 Southfield Road (DEP file 137-1641); 58 Monument Square (DEP file 137-1694); and 1487 Monument Street (DEP file 137-1695). The motion carried by voice vote (recorded as unanimous by the commissioners present).

- Issued a Negative Determination of Applicability (RDA 25-4) for 1437-5 Monument Street: the commission found that a temporary gravel access placed during pool refurbishment work does not require an order of conditions if the applicant restores the access and removes stone following construction; a condition requires removal of dumped gravel and restoration of the area to its previous condition.

- Issued a Negative Determination of Applicability (RDA 25-5) for 5B Heathbridge Road (County Woods Corporation): the commission approved a three-year invasive-plant management program for common land maintained by the community association, subject to standard RDA conditions plus a pre-construction visit and requirements on stockpile placement and a post-project letter from the applicant.

- Continued enforcement-after-the-fact mitigation at 355 Garfield Road to April 2: the filing is an after-the-fact Notice of Intent tied to tree clearing on a steep slope adjacent to the Assabet River. The applicant presented a mitigation plan prepared by a landscape designer proposing 20 new trees and 32 shrubs, invasive-species monitoring and toe-of-slope sediment control. Commissioners instructed the applicant to submit a revised planting/mitigation table consistent with the commission’s mitigation spacing and pot-size guidance by the Friday before the April 2 meeting.

- Issued a Negative Determination (No. 3) for emergency/dangerous-tree removal at 1319 Monument Street: the commission approved removal of multiple dead or hazardous trees identified on the property subject to a pre-construction site visit with staff and a post-project letter documenting compliance with the determination’s conditions.

- Notice of Intent for 43 White Avenue (septic replacement near White Pond) remains open and will await the outcome of the Board of Health review for requested local upgrade approvals (the proposed leach field will be sited close to the pond; the applicant stated the leach field’s closest point is about 66 feet from the water and that the site must use a pumped, presby-style system because of lot constraints).

- Concord Country Club (246 Old Road): the club requested removal of tall pines shading two pond/green areas; commissioners asked for a site visit and scheduled a joint field visit with club representatives and staff on April 2 at 1:30 p.m.; the hearing will be continued to the commission’s April 23 meeting to allow the site visit and additional materials.

Administrative decisions and other business

- Order of Conditions issued: The commission closed and issued an Order of Conditions under DEP file 137-1696 for 201 Aspen Hill Road with standard conditions and a listed special condition; the motion passed on a voice vote.

- Certificate of Compliance: The commission issued a Certificate of Compliance for 48 Elm Street (DEP file 137-1602) after staff confirmed required mitigation and documentation had been completed.

Director’s and staff updates

- Stormwater utility fees: staff relayed that the Public Works Department and Director Alan Cathcart are finalizing a proposed fee structure for the stormwater utility authorized at last year’s town meeting. Commissioners asked staff to circulate the fee schedule by memo for review first; the commission indicated it will ask Public Works to attend a meeting only if questions remain after members review the documentation.

- Potential wetlands violation (the “Elvato parcel”): staff member Delia alerted the commission to a potential wetlands concern on an access lane across a parcel known in materials as the Elvato (Albano) parcel. “This is what it’s called, the Elvato parcel. It’s about a 30-acre parcel of land,” Delia said, and described landscapers bringing in material to raise a muddy farm lane and areas where stone walls had been knocked down. Staff said some activities may be agricultural exemptions under the Wetlands Protection Act but that excavation onto National Park Service land and damage to stone walls raised enforcement questions; staff will work with the Park Service to document impacts and establish an enforcement path if needed.

- Town budget and staffing: staff reported budget constraints have eliminated funding for the seasonal ranger position this year though conservation-crew positions remain funded; staff cautioned commissioners that ranger coverage will not be available this season.

- Warner’s Pond Task Force: staff reminded the commission that a public forum on Warner’s Pond proposals (dredging, dam removal, and recurring pond management) will be held April 3 at the Town House and via Zoom at 7 p.m.; the task force’s proposals are expected to be posted online in the coming week.

Next steps and deadlines

- Applicants with continued matters were given deadlines to submit revised plans and narratives: the landscape plan revisions for 355 Garfield were requested by noon the Friday before the April 2 meeting; other applicants will follow the pre-construction or documentation requirements stated in each determination.

Votes at a glance (formal actions recorded during the meeting)

- Motion to continue to April 2 without discussion: 110 Spencer Brook Road (DEP 137-1686); 18A College Road (DEP 137-1690); 154 Southfield Road (DEP 137-1641); 58 Monument Square (DEP 137-1694); 1487 Monument Street (DEP 137-1695). Outcome: continued to April 2 (voice vote, commissioners present recorded their approval).

- Negative Determination (RDA 25-4): 1437-5 Monument Street — outcome: negative determination issued with conditions requiring removal of gravel and restoration of the access area.

- Negative Determination (RDA 25-5): 5B Heathbridge Road (County Woods Corporation) — outcome: negative determination issued with conditions including pre-construction meeting and post-project letter.

- Enforcement/after-the-fact filing (355 Garfield Road, DEP 137-1688): continued to April 2 for revised mitigation and planting table; applicant to submit revised plans by the Friday before April 2.

- Negative Determination (No. 3): 1319 Monument Street — outcome: negative determination issued with pre-construction visit and post-project reporting requirement.

- Order of Conditions (close and issue): 201 Aspen Hill Road (DEP 137-1696) — outcome: OOC issued with standard and listed special conditions.

- Certificate of Compliance issued: 48 Elm Street (DEP 137-1602) — outcome: COC issued.

What the commission asked staff to do

- Circulate the stormwater utility fee schedule for commission review once Public Works finalizes it; bring Public Works staff to a meeting only if questions remain. - Coordinate with National Park Service and applicants to document and, if necessary, pursue enforcement related to the Albano parcel access lane. - Schedule and staff the April 2 site visit to the Concord Country Club tree removal area at 1:30 p.m.; continue that application to April 23 after the visit.

Ending: The commission closed the meeting after other routine administrative approvals and asked applicants to follow the standard conditions set out in each determination; several matters were held for the April 2 meeting for full staff review and final plan submissions.