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TOWN OF MAYNARD

CONSERVATION COMMISSION 

April 13 2023 at 6:30 PM

Pursuant to Chapter 20 of the Acts of 2022, this meeting will be conducted via remote means. 
Topic: Maynard Conservation Commission Meeting
Posted by: Julia Flanary, Conservation Agent
Chair: Susan Erickson
Join Zoom Meeting: https://us02web.zoom.us/j/89123379138?pwd=TkdjaXZCUHVxYTdJZG5HcHA1RjJmQT09
Meeting ID: 891 2337 9138
Passcode: 801032
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Meeting ID: 891 2337 9138
Passcode: 801032

All documents reviewed are linked through this agenda found on the Town Website: https://www.townofmaynard-ma.gov/AgendaCenter


1.

Meeting Opening

The meetings will be conducted with decorum. This means that the members of the Commission and the public are required to respect each other at all times. We may not always agree with one-another, but we can work to resolve differences with patience and understanding. As a member of the public, you are encouraged to participate in the meeting. To ensure the meeting proceeds in an orderly manner, please follow these procedures 

 

If you wish to comment or ask a question of the Commission: 

· Raise your digital hand once the Chair has opened up the meeting for public comment.

· When you are recognized to speak, please state your name and address. 

· Direct all comments/questions to the Commission through the Chair. 

· In the interest of time, limit your questions and statements to two (2) minutes.

· Limit your statements/questions to the topic at hand. 

· Talk ONLY about issues that are under the jurisdiction of the Wetlands Protection Act.



2.

Notice of Intent - 5 Shore Ave

  • The NOI filed by Elisabeth and Herbert Drury of 5 Shore Ave, Maynard, MA 01754 proposes an addition to existing single family home within riverfront area and 80 ft from a Resource Area. The applicants will be represented by Seth Donohue from Dillis and Roy Civil Design Group Inc.
  • The proposed project is the construction of an addition to the existing dwelling. The proposed addition is located entirely within previously altered areas of the property comprised of a portion of the existing driveway and a landscaped area contained by retaining walls. The expansion of lawn areas is not proposed.
  • DEP assigned this project 213-294 and had the following comments, please see attached for applicants response to comments.
  • Although a file # is being issued, please note the following:
    • The house addition appears to be redevelopment. As per 310 CMR(5) "Redevelopment means replacement, rehabilitation or expansion of existing structures, improvement of existing roads, or reuse of degraded or previously developed areas. A previously developed riverfront area contains areas degraded prior to August 7, 1996 by impervious surfaces from existing structures...."
    • The applicant should provide a narrative to MassDEP and the Commission demonstrating compliance with 310 CMR 10.58(5)
      • (a) At a minimum, proposed work shall result in an improvement over existing conditions of the capacity of the riverfront area to protect the interests identified in M.G.L. c. 131 § 40. When a lot is previously developed but no portion of the riverfront area is degraded, the requirements of 310 CMR 10.58(4) shall be met, and
      • (c) Within 200 foot riverfront areas, proposed work shall not be located closer to the river than existing conditions or 100 feet, whichever is less...
      • (d) Proposed work, including expansion of existing structures, shall be located outside the riverfront area or toward the riverfront area boundary and away from the river, except in accordance with 310 CMR 10.58(5)(f) or (g).
      • (e) The area of proposed work shall not exceed the amount of degraded area, provided that the proposed work may alter up to 10% if the degraded area is less than 10% of the riverfront area, except in accordance with 310 CMR 10.58(5)(f) or (g). Please note MassDEP does not accept lawn as degraded RA.
      • (f) When an applicant proposes restoration on-site of degraded riverfront area, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), and (e) at a ratio in square feet of at least 1:1 of restored area to area of alteration not conforming to the criteria.... 
      • (g) When an applicant proposes mitigation either on-site or in the riverfront area within the same general area of the river basin, alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5)(c), (d), or (e) at a ratio in square feet of at least 2:1 of mitigation area to area of alteration not conforming to the criteria or an equivalent level of environmental protection where square footage is not a relevant measure...


3.

Notice of Intent - 2 POWDER MILL RD

. The NOI filed by Adam Stack 26 Rice Rd Wayland, MA 01778 proposes a mixed-use development located on the following properties: 2 Waltham St, 2 Powder Mill Rd and 6 Powder Mill Rd Maynard, MA 01754. This work is within the 200 ft Riverfront Area, as well as the 50 ft buffer zone of the Wetland Resource Area. 

4.

Agent Updates

4.I.

Meeting Minutes

4.I.i.

Meeting Minutes 3/9/23

4.I.ii.

Meeting Minutes 3/23/23