City of Gardner Conservation Commission

Minutes of the Meeting of February 22, 2016, 6:30 p.m. Second Floor Meeting Room, City Hall Annex

Members present: Duncan Burns, Chairman Greg Dumas, Donna Lehtinen, and David Orwig. Also present was Conservation Agent Jeff Legros.

Members absent: Norman Beauregard, David Beauregard, and Jane Cullen.

PUBLIC HEARINGS None

MEETING

Order of Conditions None

Minutes 6:30 A motion was made by D. Burns to table the approval of the Meeting Minutes of January 25, 2016 until the Meeting of March 14, 2016. The motion was seconded by D. Orwig and voted unanimously all in favor.

Guests & Visitors Mr. David Kotker, Mount Grace Land Trust; Ms. Maya Apfelbaum, Mount Grace Land Trust.

Presentations 6:35 David Kotker and Maya Apfelbaum, Mount Grace Land Trust, presented their summary update of recent and planned work on the Heywood Hospital Wellness Path and Diabetes Center Garden located in the City Forest between Heywood Hospital and the North Central Pathway adjacent to Crystal Lake.

David Kotker describe their plan for this season which includes continued maintenance along the Wellness Path created by Eagle Scout Kyle Strom, creative eco-services and interpretive signage, maintenance and plantings within the Diabetes Garden and along the path, and the addition of spur trails between the loop and to the Hospital Parking Area nearer to the Emergency Room entrance and existing picnic table.

Maya Apfelbaum added that a strong partnership has been forged between the Hospital’s Wellness, and Community Outreach and Philanthropy Coordinators

Page 1 of 4

and the Mount Wachusett Community College Hiking Club. The MWCC Hiking Club has offered to volunteer to maintain the trail and assist with other work related to trail development, maintenance, and creative signs.

The Commission expressed their concern for additional development within the watershed protection area of Crystal Lake and recommended limiting the project to trail maintenance, plantings, invasive plant removal, and limited, low-impact, natural signage. They were not supportive of additional trails.

The Commission asked Agent Legros to determine if an RDA was necessary for the proposed work and to work with Mount Grace to file if necessary. Agent Legros said that he would look into it and continue to work closely with the interested groups and keep the Commission informed.

Request for Determination of Applicability None

Request for Certificate of Compliance 7:30 National Grid, represented by Coneco Engineers and Scientists, DEP File #160- 0298, Gardner Switch Yard Relocation (off Route 140). A request was submitted by Coneco to continue the RDA Meeting until the next meeting pending a response from National Grid regarding the site visit inspection and memo of the Commission.

7:40 A motion was made by D. Burns to continue the RDA Meeting until the next meeting on March 14, 2016. The motion was seconded by D. Orwig and voted unanimously all in favor.

Enforcement Order 7:41 Sunshine Realty Trust, Conrad Donell Trustee, Sapphire Park at Pearl Street and Shawn Avenue (Continued from Meeting of January 25):

Agent Legros notified the Commission that the first phase of peer review has been completed by Tighe and Bond. He held a conference call with Melissa Coady, Tighe and Bond, Wetland Scientist to discuss the findings of the review. Agent Legros presented the Commission with a table outlining the history of permits related to the project and a timeline of other relevant monitoring, enforcement, and regulatory activities on the project. In particular, the expiration dates for all permits were determined and documented with consideration of the Permit Extension Act.

Agent Legros notified the Commission that Mr. Donell has cleared the land for Phase II of the project without first notifying the Commission of his intent to do so, and without first finishing the work in Phase I. The requirement to notify the Commission upon completion of Phase I and prior to beginning Phase II is a Special Condition of the Permit. Agent Legros will reach out to the Mr. Trevor Beauregard, Director of Planning and Community Development, Mayor Hawke, and/or City

Page 2 of 4

Solicitor Flick to determine if fines may be necessary and notify the Building Commissioner if the Phase II clearing is in violation of the ZBA Special Permit.

A Notice of Intent Filing for the restoration work is still expected to be submitted by the applicant in late February or early March, prior to the anticipated commencement of restoration work in April. Agent Legros will meet with Mr. Donell to confirm that he will submit the Notice of Intent before April 1st.

A second phase of peer review will be coordinated by Agent Legros after a site inspection is conducted and upon meeting with Mr. Donell and Wetland Scientist, David Crossman regarding the filing of a Notice of Intent. The second phase will consist of a review of the wetlands flagging and monitoring of the restoration activities. The next phase may also include up to 5 site visits, as needed and, with the approval of Sunshine Realty Trust, GPS/GIS digitization of the peer reviewed wetland resource area delineations.

New Business • Notice of Purchase and Sale Agreement under Massachusetts General Laws, Chapter 61, Section 8 concerning the sale of land classified as forest land owned by Chester E. Pultorak. Notice of agreement to sell to land to Conrad J. Donell.

Agent Legros presented the Notice and supporting documentation including the Purchase and Sale Agreement. The Commission expressed their support of the acquisition of this property by the City and asked Agent Legros to express that sentiment to the Public Service Committee and work with Director Beauregard and other potential partners to pursue potential funding sources.

• National Grid, Park Street Substation Project – Request for minor change (rip-rap of detention basin).

National Grid has requested a minor change to add rip rap to the settling basin on the site to correct erosion and run-off problems currently occurring on site. Agent Legros presented information and photos of site conditions as viewed during a recent rain event on February 16, 2016. National Grid will be submitting plans for the requested minor change. Agent Legros has proposed a site visit with National Grid on Thursday, February 25, 2016 to view the settling basin and discuss concerns of additional erosion, runoff, and sedimentation issues.

• Freedom’s Way National Heritage Area: Gardner’s Hidden Treasures and Connecting Communities Events – May 2016.

Agent Legros informed the Commission of confirmed upcoming events to be hosted in Gardner by the Conservation Commission. On the morning of May 15, 2016 the Commission will co-host a Freedom’s Way Connecting Communities

Page 3 of 4

Along Our Trails paddling event with the Millers River Watershed Council along the Otter River Blue Trail beginning at the Otter River Conservation Area and ending at the Cummings Conservation Area. In the afternoon, the Commission will co-host a Freedom’s Way Hidden Treasures event, a guided educational hike at the Cummings Otter River Conservation Area with the North County Land Trust and Millers River Watershed Council.

Old Business • Pitcherville Road, Hubbardston – Non-hazardous fill (potential project) Commission Letter of Concern to Mass DEP

Agent Legros submitted a letter of concern to the Mass DEP with regard to this proposed project. The letter submitted, on behalf of the Commission was copied to the Town of Hubbardston (administrator, planning department, and selectboard) Mass DEP Wetlands Division, and Mass Fish and Game Division of Fisheries and Wildlife, Natural Heritage and Endangered Species Program.

• Recreational Trails Program Grant Application submittal

Agent Legros submitted a Recreational Trails Grant and has received confirmation that it was accepted and submitted to the review committee.

• Student Internship – GIS mapping and digitizing of trails and wetlands

An application was submitted to the GIS coordinator for submittal to Fitchburg State University GIS faculty representative. It does not appear that a student is available for Spring Semester. The application will be presented to Summer Session and Fall Session Students.

Adjournment

8:05 Motion to adjourn was made by D. Lehtinen. The motion was seconded by D. Orwig and voted unanimously all in favor of adjournment.

Respectfully submitted,

Jeffrey D. Legros, Conservation Agent

All materials used at the meeting are available for viewing at the office of the Conservation Agent, Room 202 of the City Hall Annex. Minutes are available as follows:  Minutes are available on the City of Gardner website (www.gardner-ma.gov) under Conservation Commission.  By appointment or request in Conservation Agent’s office, Room 202 of the City Hall Annex  Community Development & Planning office, Room 201 of the City Hall Annex

Page 4 of 4