Natural Resources Commission approves withdrawal, issues negative determination and continues several permit hearings

The Natural Resources Commission voted to approve a request to withdraw one application without prejudice, issued a negative determination with conditions for another, and continued multiple Notices of Intent to later meetings.

The actions were taken at a hybrid meeting called to order by Sarah Greenwood, chair of the Natural Resources Commission. Commissioners present included Jim Smith, Bill Kermaza and Gary Kleinman. The commission handled a cluster of administration and permitting items, then moved to new applications and hearings.

Why it matters: the votes set the schedule and permit conditions for projects in buffer zones around wetlands and waterways in Concord, and they direct applicants to revise plans or supply additional mitigation details before formal review.

Votes at a glance

- Continued without discussion (to 03/12/2025): Notices of Intent for 50-8 Monument Square, DEP file 1371694; 110 Spencer Brook Road, DEP file 1371686; Nurse Now Health Association, 18 College Road, DEP file 1371690; and Labadini, 154 Southfield Road, DEP file 137-1641. Motion moved and seconded; roll call was recorded as unanimous with commissioners voting “aye.”

- Continued without discussion (to 04/02/2025): Notice of Intent for Nashawtuc Country Club (transcripted as “Nishaduct Country Club”), 1860/1 Sudbury Road, DEP file 13071693. Motion moved and seconded; unanimous “aye” votes recorded.

- Withdrawal approved without prejudice: Request to withdraw the Request for Determination of Applicability (RDA) for 40 Spencerbrook Road, RDA No. 25-2. The commission approved the applicant’s request to withdraw the RDA and to submit a Notice of Intent (NOI) for the work instead; vote recorded as unanimous “aye.”

- Negative determination issued with conditions: Project at 88A Lindsey Pond Road, RDA No. 25-3. The commission issued a negative determination with the following conditions: (1) a pre-construction conference with Natural Resources Division staff before work begins; (2) any herbicides shall be applied only by a licensed herbicide applicator; and (3) after project completion the applicant must submit a letter to the NRC confirming that work followed the determination’s conditions and describing any departures from the RDA. Motion moved and seconded; unanimous “aye.”

Details and context

The four-item continuation motion (multiple addresses listed above) was moved and seconded together; commissioners said they were comfortable tabling the items to the March 12 meeting so staff and petitioners can finalize outstanding materials. A separate motion was made to continue the Nashawtuc Country Club NOI to April 2 so that the applicant can coordinate DEP responses and plan coordination.

The withdrawal at 40 Spencerbrook Road was presented by an applicant representative who requested to withdraw an RDA and instead submit an NOI for work within the 100-foot buffer; the commission approved the withdrawal without prejudice so the applicant may pursue the NOI process.

For 88A Lindsey Pond Road, the applicant (the Concord Land Conservation Trust) requested access work and invasive species removal tied to a travelway; the commission’s negative determination carries explicit conditions intended to protect wetland interests and ensure post-project compliance.

What the votes do not do

These actions do not constitute final approvals of construction in regulated buffer areas. The continuations defer final decisions while staff and applicants provide requested details (DEP comments, mitigation tables, revised plans). The negative determination and withdraw-without-prejudice actions set next steps (pre-construction conference, licensed herbicide use, submittal of a compliance letter) but do not authorize on-the-ground work beyond what the determination allows.

Next steps

Most continued items are scheduled to return to the commission on March 12, 2025, except the Nashawtuc Country Club NOI, which was continued to April 2, 2025. Applicants were directed to supply revised plans and mitigation tables and to coordinate with Natural Resources Division staff before the next hearing.