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HomeMy Public PortalAbout20190226 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission 26 February 2019 Page 1 of 6 26 February 2019 Called to Order: 7:00 PM Hopkinton Senior Center, 28 Mayhew Street Adjourned: 10:00 PM Members Present: Ted Barker-Hook, Jeffrey Barnes, Jim Ciriello, Ed Harrow, Janine LeBlanc, Melissa Recos, Kerry Reed, Don MacAdam: Conservation Administrator, Matt Varrell: Conservation Scientist, Anna Rogers: Inspections Administrative Assistant Members Absent: none 7:00 PM Commission Business  A discussion was held with Mr. Michael Riley, Mr. Ronald Shamus, Scout Masters, and Boy Scouts of Troop 4, regarding the exemption request to relocate wave eroded sand back into place on Sandy Beach with hand tools while the lake is drawn down. The Commission determined the activity qualified as an exempt activity.  The Commission signed the following documents: - South Mill Street LLC, Hunters Ridge Way Roadway – Certificate of Compliance (188-1519) - 20th Century Homes, Inc. 0 Hayden Rowe (U25 22 A) – Order of Resource Area Delineation (188-1668) - South Mill Street LLC, Penny Meadow Lane Roadway – Certificate of Compliance (188-1568)  A discussion was held regarding the Hopkinton DPW, 83 Wood Street, Request for Certificate of Compliance (188-1555) application. The Commission reviewed the Lucas Environmental comments dated 22 February 2019. A discussion was held regarding the status of the stormwater O&M Plan and some general housekeeping around the site. The Commission determined the project was not ready to be issued a Certificate of Compliance.  Ms. Recos made a motion to approve the draft minutes of 08 January 2019 and 29 January 2019. The motion was seconded by Mr. Harrow and it passed unanimously.  A discussion was held regarding the exemption request from Douville, 12 Erika Drive (188-347). The Commission reviewed the proposal to remove trees that have sprouted within the slope of the filled site construction area and to prune trees beyond the limit of the previous site construction. The Commission determined the scope of work qualified as a minor project exemption. 7:31 PM Nation, 1, 3, 5 Whisper Way, 0, 0, 0, 129 Wood Street DEP File No. 188-1665 Notice of Intent - continuation The applicant requested a continuation to 12 March 2019. Hopkinton Conservation Commission 26 February 2019 Page 2 of 6 7:31 PM REC Hopkinton, LLC, 0 South Street DEP File No. 188-1667 Abbreviated Notice of Resource Area Delineation – continuation The applicant requested a continuation to 09 April 2019. 7:32 PM Takacs, 9 Cedar Street Extension DEP File No. 188-1657 Notice of Intent – continuation 7:32 PM Takacs, 15 Cedar Street Extension DEP File No. 188-1658 Notice of Intent – continuation Joseph P. Marquedant, J.D. Marquedant & Associates Mr. Marquedant provided an overview of the revised site plans dated 28 February 2018 with a final revision date of 19 February 2019. He noted the lots have been purchased by a new owner. He noted that the 15 Cedar Street Extension house has been relocated further north, closer to the roadway, and all proposed site activity has been removed from the buffer zone. He noted the scale of the proposed project on 9 Cedar Street Extension proposal will be further reduced. He noted the existing driveway area needs to be increased, as per Fire Department regulations, and which will include cutting a tree at the street and relocating a utility pole. He noted the previously discussed debris stockpile areas within the buffer zone will no longer be proposed. A discussion was held regarding the possibility to withdraw 15 Cedar Street Extension. It was noted that a cumulative review for the all the subdivided lots has not been submitted. It was noted that the Conservation Scientist has not had a chance to review the revised plans. A discussion was held about documenting the wetland boundary for 15 Cedar Street Extension. The hearings were continued to 12 March 2019. 7:43 PM Eversource, Existing Right-of-Way DEP File No. 188-1670 Notice of Intent – continuation The applicant requested a continuation to 12 March 2019. Mr. Ciriello arrived at this time. 7:44 PM Fitzpatrick, 4 DiCarlo Road DEP File No. 188-1671 Notice of Intent Jim Fitzpatrick, owner/applicant; Christopher Mercier, Contractor Mr. Fitzpatrick provided an overview of the Notice of Intent application and site plan dated 22 February 2019. A discussion was held regarding the Lucas Environmental memo dated 19 February 2019. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions. The motion was seconded by Ms. Recos and it passed unanimously. 7:48 PM Hunt, 223 Hayden Rowe DEP File No. 188-1672 Notice of Intent Daniel Hunt, owner/applicant Hopkinton Conservation Commission 26 February 2019 Page 3 of 6 Mr. Hunt provided an overview of the Notice of Intent application, a site plan dated 09 January 2018 with a final revision date of 09 November 2018, a hand drawn sketch plan on a base plan by others dated 09 January 2018 with a final revision date of 18 December 2018, and a hand drawn sketch plan on a base plan by others dated 09 January 2018 with a final revision date of 09 November 2018. The Commission reviewed the Lucas Environmental comments dated 20 February 2019. A discussion was held regarding the lack of any proposed infiltration for the increased impervious area. A discussion was held regarding written comments on record from the Wolf Law Office dated 21 February 2019. A discussion was held about the extent of the previously disturbed area. Mr. Hunt noted that an existing raised berm is located between the proposed work area and the wetlands. A discussion was held regarding alternative pavement types and alternative locations for the garage addition. The hearing was continued to 12 March 2019. 8:07 PM Mezitt, portion of 10 Linden Street DEP File No. 188-1669 Notice of Intent Joe Marquedant, J.D. Marquedant & Associates; Peter Mezitt, owner/applicant Mr. Marquedant provided an overview of the Notice of Intent application, site plans dated 19 December 2018 and septic plans dated 15 December 2018. A discussion was held regarding the existing and proposed conditions. The Commission reviewed the written comments and attachments on record from Mr. Matthew Reardon, 112 East Main Street, dated 21 February 2019. A discussion was held about the complaint the Commission reviewed on 04 December 2018 regarding the unauthorized site clearing the applicant performed in the area of the proposed driveway. Mr. Mezitt noted that non-native invasive shrubs and some unhealthy trees were removed from the area to provide easy access for soil testing equipment. He noted that he would mitigate the cleared area north of the proposed limit of work for the driveway by planting native shrubs/trees in the area. A discussion was held regarding the Lucas Environmental comments dated 31 January 2019. It was noted the 50-foot buffer zone should be identified on plan. A discussion was held regarding the need for stormwater best management practices to be designed at the end of roadway/driveway to protect the downgradient resource areas. A discussion was held regarding the status of the roadway. Mr. Marquedant noted it is a private way and it varies between 33 and 66 feet wide. A discussion was held regarding whether the proposed pavement would be constructed to driveway or roadway standards, where snow would be stockpiled, and if road salt was proposed to be used in the future. The Commission requested further information regarding the amount of proposed disturbance for the roadway area within the buffer zone. A discussion was held about reducing the scale of proposed lawn area within the buffer zone. The hearing was continued to 12 March 2019. 8:38 PM Commission Business - continued  The Commission signed the following document: - Mezitt, 10 Linden Street – Certificate of Compliance (188-1069) Hopkinton Conservation Commission 26 February 2019 Page 4 of 6 8:43 PM Constitution Properties, 20 Winter Street DEP File No. 188-____ Notice of Intent Bob Vey, BIG Excavation Mr. Vey provided an overview of the Notice of Intent application and site plans dated 22 January 2019. The Commission reviewed the Lucas Environmental comments dated 20 February 2019. A discussion was held about the following conditions that were not and will need to be identified on the site plan: existing septic tank and limit of work needed to decommission the tank; extend sediment control barrier to fully protect downgradient resource areas; detail on the type of sediment control barrier; wetland resource areas subject to the 100-foot buffer zone to the southwest on the plan; approximate location of the stream channel which is culverted beneath the subject site. A discussion was held about the lack of information provided by the applicant subject to resource areas associated with the USGS-mapped perennial stream named Whitehall Brook immediately north of the subject parcel. The Commission noted that any Order of Conditions (OOC) issued would note that due to the impounded condition of Whitehall Brook in this area, any Riverfront Area would not be considered approved as accurate through the issuance of any OOC. Mr. Vey noted that while performing soil testing for the septic system they damaged and subsequently repaired the underground culvert conveying the stream channel. Ms. Reed made a motion to close the hearing and issue an Order of Conditions, subject to the submission of an acceptable revised plan and the issuance of a DEP File Number. The motion was seconded by Ms. Recos and it passed unanimously. 8:54 PM Petrozzi, 0 Leonard Street (U19 52 0) HCC-33 Notice of Intent – continuation 8:54 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 1A HCC-35 Notice of Intent - continuation 8:54 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 2A HCC-36 Notice of Intent - continuation 8:54 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 3A HCC-37 Notice of Intent - continuation 8:54 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 4A HCC-38 Notice of Intent - continuation Lou Petrozzi, applicant/owner; Paul McManus, EcoTec Mr. Petrozzi provided an overview of the revised site plans dated 29 March 2018 with a final revision date of 21 February 2019 and the GLM Engineering response dated 21 February 2019. Mr. McManus provided an overview of the following information: Supplemental Information, dated 21 February 2019; Proposed Order of Work and Constraints, dated 21 February 2019; Appendix B, dated 16 January 2019 with a revised date of 21 February 2019; Proposed Invasive Vegetation Management and Planting Program, dated 19 February 2019. A discussion was held regarding all the provided information that was received on 25 February 2019. The Commission reviewed the BETA Group peer review comments dated 26 February 2019. It was noted that the suggested conditions by BETA Group would be incorporated into any Orders of Conditions. A discussion was held about whether there were any wetlands to the north of Bucklin Street. Hopkinton Conservation Commission 26 February 2019 Page 5 of 6 Mr. Petrozzi noted there is a drainage culvert that passes under the roadway near the corner on Maple Street Extension. Mr. Barnes noted that he is concerned with the extent of proposed disturbance within the 50-100 buffer zone and within the No Disturbance and No Build Zones. He noted that he appreciates the improvements made to the plan to mitigate for the proposed disturbance but he believes the mitigation is insufficient when compared with the total amount of proposed disturbance. He noted the Regulations identify that the applicant carries the burden to demonstrate that reasonable alternatives, including reducing the size and scale of the project, do not exist. Mr. Harrow noted that he is concerned that all four houses are proposed within the buffer zone and three of them are proposed within the No Build Zone. Mr. Petrozzi noted the Bylaw allows for waivers, that each project is unique, and that his project would not set any precedents. He noted there are people draining their water onto his property from Leonard Street and Box Mill Road. He noted he believes the town created the wetlands on his property and that he will not have his property subsidized because of it. He noted he will be requesting that the Town remove the drain and will be seeking damages for creating wetlands on his property. It was noted that the Commission previously requested the applicant to provide any geohydrologic information to support the assertion that the drainage pipe created the wetlands on the subject property. Mr. Petrozzi noted he will not perform a drainage study of the area draining to his property. Mr. Harrow noted that he contacted the DPW and they noted they have no records of the drain line outfalling onto the subject property being installed. He noted based on his anecdotal research, he believes the drainage pipe may have been installed during or prior to the 1970’s. It was noted that when the application was originally filed for the roadway (HCC-33), a waiver request was not required at that time. It was noted that given the revised plans for the roadway and associated site work, a waiver request is now required and the applicant needs to submit a completed Appendix C Waiver Request Form for the Commission’s review. Mr. Petrozzi noted that he would submit the required waiver request. It was noted that further time would be needed to review the information the applicant submitted on 25 February 2019. The hearing was continued to 12 March 2019. 9:35 PM Commission Business – continued  A discussion was held with Mr. Mike Vulfovich, 3 Windsong Way (188-1492) regarding the status of the Request for Certificate of Compliance application. Mr. Vulfovich submitted written information to support his explanation that when he purchased the property he was not informed about the Order of Conditions or the Commission’s jurisdiction when he inquired with Pulte Brothers, Baystone Development, and Marchionda & Associates about installing proposed structures (fence, shed, garden area, hardscape patio area) on the parcel. He noted that he is seeking a waiver or an adequate compromise for the work that he performed beyond the approved limit of work that Pulte Brothers, Baystone Development, and the Homeowners Association approved prior to commencement. The Commission determined to have Pulte Homes attend a future meeting to discuss the status of the Request for Certificate of Compliance application. Hopkinton Conservation Commission 26 February 2019 Page 6 of 6  A discussion was held about the complaint received regarding site activity on 0 East Main Street (R14 9 D). It was noted that the site contractor’s consultant, Onsite Engineering, submitted site plans entitled “Legacy Farms Effluent Disposal System Modification Hopkinton, Massachusetts” and dated May 2018 which indicate the current activity was outside the Commission’s jurisdiction and that a future phase would require permitting from the Commission. Mr. MacDowell, Baystone Development, previously contacted the Conservation Office and noted that they will be submitting a permit application to confirm the accuracy of the delineated wetland and to install the utility septic lines.  A discussion was held regarding the Commission appointment of a representative to serve on the Trail Coordination & Management Committee. The discussion was continued to the next public meeting.  A discussion was held regarding the status of the soil testing information subject to the Heritage Properties, portion of 0 Wilson Street (188-1649), violation. The Commission reviewed the email dated 25 February 2019 from Mr. Peter Bemis, Engineering Design Consultants, and the soil/sediment report dated 20 November 2018 performed by R.I. Analytical. The Commission noted they look forward to reviewing the 3rd party sample collection soil testing report as soon as the season allows.  It was noted that the Commission would review the email request for comments from the Director of Land Use, dated 26 February 2019, at the next scheduled meeting.