The Conservation Commission on Tuesday approved two requests from developer Toll Brothers after demonstrable remediation efforts were shown where stormwater management violations previously occurred.

It first approved a certificate of compliance (COC) for 63 Chamberlain Street in a 6-0 vote after the applicant showed significant progress with remediation efforts to curb stormwater runoff.

Conservation administrator Judy Day explained that the lot looks stable after erosion controls were removed. Some seeding is beginning to grow on the lot. There has been no mowing into the buffer zone, which previously has been an issue.

Matt Ashley of Bohler Engineering spoke on behalf of the applicant, saying that “everything is coming in nicely.”

In 2024, the commission reprimanded representatives of the Chamberlain-Whalen subdivision for stormwater management violations that occurred in 2023. Ted Merchant, the land development director for Toll Brothers, explained at that time that the torrential rain overpowered the basin and ran into the wetlands.

Co-vice chair Ted Barker-Hook, who chaired this portion of the meeting, said he noticed the improvements to the grass. But he also stressed that “it’s not true of all the properties in that neighborhood.”

In response to this comment, Merchant requested that Toll Brothers be allowed to request that COC applications be issued to other homeowners with histories of mowing into the buffer zone to alert them to the significance of the issue. He said verbal warnings have failed. This may be “a reasonable path” to ensuring compliance. Barker-Hook agreed.

Day said she planned on sending letters to those homeowners, but COC applications would be “a good strategy as well.”

Joe Orzell, the commission’s wetland consultant, said he did a construction management inspection on June 5. From that, he compiled a list of the properties in question on both Chamberlain Street and Whalen Road.

Newbury Glen building permits released

Merchant also provided the commission with an update on the Newbury Glen subdivision, which previously was called Elmwood Farms III. The subdivision, located off Blueberry Lane, had come under fire since 2023 for stormwater management violations. The most recent violation in May involved a drainage pipe blowout that was the result of the previous contractor’s work, Rich Kirby, the consultant from LEC Environmental for Toll Brothers, said at a previous meeting.

At this meeting, Kirby shared a presentation that confirmed the turbid water was from the drainage pipe, which was repaired. Five 18-inch core logs have been installed along with floc logs between the first and second off-site basins. In addition, 440 bales of straw were treated with seed and tack to cover exposed soil throughout the site.

Merchant added that anti-seep collars were installed “that were not part of the plan but were certainly lacking before.”

Kirby requested that the remaining building permits be released. Barker-Hook noted that the work was completed two weeks ahead of schedule.

Co-vice chair Matt Moyen, a stormwater engineer, said that these efforts “were steps in the right direction.”

Added Barker-Hook: “Hopefully we’re done with violation hearings on this development or any future Toll Brothers development.”

Revvity minor site plan for HVAC system moves forward

The commission approved 6-0 a negative determination for a notice of intent (NOI) that would allow Revvity Health Sciences to install ground- and roof-mounted HVAC equipment at 5 Parkwood Drive.

Engineer Mark Beaudry spoke on behalf of the applicant. He explained that Revvity is planning to renovate both of its buildings, with more significant changes to be made to the lab building. This plan would require ground-mounted HVAC equipment that to be placed in a former paved parking area with 14 spaces that are “substantially in the loading area” off Atwood Drive. The pavement will be replaced with concrete slabs and gravel, increasing the pervious area.

“What Revvity is proposing to do is to add these three HVAC ground-mounted equipment that has ductwork that goes up to the roof of the building,” said Beaudry, adding that the Planning Board unanimously approved the site plan the previous evening.

He noted that a generator pad is proposed on the north side of the building, outside the 100-foot buffer zone. There also is an established vegetated buffer between the proposed pads and Atwood Drive.

UniBank/Starbucks parking lot hearing continued

The hearing on a request to add four spaces to the cramped UniBank/Starbucks parking lot at 85-89 West Main Street was continued until the next meeting on July 1 at the request of the applicant.

The Planning Board heard the proposal the previous evening. It is awaiting input from the Conservation Commission and the Department of Public Works director regarding a potential stormwater runoff issue. Its next meeting is July 7.

ANRAD hearing for property off Wood Street continued

The commission also continued a hearing until July 1 for a request for an Abbreviated Notice of Resource Area Delineation (ANRAD) for property off Wood Street going up to Interstate 495.