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HomeMy Public PortalAbout20190723 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission 23 July 2019 Page 1 of 4 23 July 2019 Called to Order: 7:30 PM Hopkinton Senior Center, 28 Mayhew Street Adjourned: 9:41 PM Members Present: 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: Ted Barker-Hook 7:30 PM Commission Business ● The Commission signed the following documents: - Marusa, 2 Peter Porcaro Drive – Order of Conditions (188-1677) - DiGioia, 145 Spring Street – Order of Conditions (188-1678) ● Ms. Recos made a motion to approve the draft minutes of 18 June 2019. The motion was seconded by Mr. Ciriello and it passed unanimously. ● Mr. Ethan Ritterbusch, Eagle Scout Candidate, provided an overview of his proposed Eagle Scout Trail Project at 0 Hayden Rowe (U24 10 0), 0 South Barn Road (U25 38 0), and Rear Joseph Road (R30 2 A). He noted he is working with Mr. Peter LaGoy to construct two smaller trails, each 3-4 feet wide. He noted a 10-foot long by 4-foot wide wooden footbridge with separated walking planks would be required to be installed to span a small stream crossing; no trees would be removed and only small vegetation would be cleared by hand; the trail bed would be left in a natural state and without the placement of any fill material. Mr. Harrow invited Mr. Ritterbusch to attend the next Open Space & Preservation Commission meeting and Mr. Ritterbusch noted that he would be on vacation at that time. A discussion was held about possibly including a dog waste station as part of the project. Mr. Doug Nixon, 11 Blackthorne Circle, noted the proposed trail would extend further than is indicated on the plans. Mr. Ritterbush noted that he would submit a revised map to indicate the GPS coordinates he has taken of the proposed trail locations. The Commission noted they were amenable to the portions of both trails proposed to be installed on the two parcels managed by the Commission. The Commission determined the trail project qualified as a minor project exemption. 7:45 PM Borrego Solar, 0 Wood Street (U6 21 0) DEP File No. 188-1679 Notice of Intent Matt Swansburg, Brandon Smith, Borrego Solar Mr. Brandon Smith provided an overview of the Notice of Intent application and site plans dated 04 June 2019 with a final revision date of 27 June 2019 for a commercial ground mounted solar array facility. A discussion was about the existing site conditions and proposed extent of the project. A discussion was held about the comments received from MassDEP. Hopkinton Conservation Commission 23 July 2019 Page 2 of 4 A discussion was held about the Lucas Environmental peer review memo dated 17 July 2019. It was noted that BETA Group has started a peer review on behalf of the Planning Board and comments have not been issued to date. Mr. Swansburg provided an overview of the topography, the proposal to trim and remove trees to balance system size and cost in order to make the project economically feasible. Mr. Harrow and Mr. Ciriello noted concern for the removal of any trees within the buffer zone. Mr. Ciriello noted the economic feasibility of any project does not come under the Commission’s purview. It was noted that the delineation of the resource areas should be reviewed further. A discussion was held about the lack of panels proposed in the center of the site and Mr. Swansburg noted the property owner is retaining use of that area. A discussion was held about the status of the culvert under the existing access roadway. A discussion was held regarding the proposed activity within the Riverfront Area. The hearing was continued to 20 August 2019. 8:15 PM Nation, 1,3,5 Whisper Way, 0,0,129 Wood Street DEP File No. 188-1665 Notice of Intent - continuation The applicant requested a continuation to 06 August 2019. 8:16 PM REC Hopkinton, 0 South Street DEP File No. 188-1667 Abbreviated Notice of Resource Area Delineation –continuation Tom Rebula, Goddard Consulting Mr. Rebula provided an overview of the application and resource area plans dated 12 September 2018 with a final revision date of 13 May 2019. He noted they are in agreement with the area of the isolated vegetated wetland. He noted they performed additional studies in the area of the potential vernal pool (PVP). A discussion was held about the timing of the studies for identification of a PVP not being under ideal conditions. It was noted that the current information meets the qualification of a vernal pool under the Bylaw Regulations. Mr. Rebula noted that no fish were found in dip nets and inquired about performing a fish survey. A discussion was held about the extent of water being temporarily impounded in the area of the PVP by beaver activity impeding flow through the culvert under South Street. A discussion was held as to what level of fish population would preclude the area as a PVP. The hearing was continued to 06 August 2019. 8:33 PM Commission Business ● A discussion was held with Mr. Walter Garland regarding his waiver request subject to condition number 17a, for 3 Whitman Lane (188-913) and the hand drawn sketch on a base plan by others received on 09 July 2019. Mr. Garland noted that he was the first owner and he personally removed the erosion control barrier and was able to install the permanent immovable barrier (PIB) signage in that location based on his memory and existing site conditions. He noted that with the help of a laser measuring tool, he sketched in the locations of the PIB and the detached garage on a copy of the Board of Health as-built plan. The Commission determined to waive the condition and issue a Certificate of Compliance. Hopkinton Conservation Commission 23 July 2019 Page 3 of 4 ● An informal discussion was held with Ms. Kathi Sherry, REC Hopkinton LLC (REC), and Mr. Shawn Nuckolls and Mr. Scott Miccile, Toll Brothers, Inc. (TB), about the proposed layout of lots for the Chamberlain Street / Whalen Road subdivision roadway. Ms. Sherry noted that REC has entered into an agreement with TB for the development of the subdivision. Ms. Sherry noted the REC would complete the associated roadway construction and TB would develop the parcels for single family homes. TB noted they would not be proposing any disturbance within the 50-foot limit of work set- back. TB noted that 19 out of the total 32 proposed lots would have site work within the 100-foot buffer zone. Mr. Barnes noted that he met informally with the REC and TB representatives and suggested they come informally before the Commission. TB presented concept plans dated 23 July 2019. The Commission noted that the lot lines and subsequent set-back distances are self-imposed hardships. The Commission noted that the representatives may want to consider concepts where no house structures are proposed within the 100-foot buffer zone. The Commission noted that any development of the property is required to be reviewed cumulatively with all the other parcels that were held under common ownership prior to being subdivided for other existing and pending development projects. The Commission noted that any development within the buffer zone is discretionary under the Bylaw. A discussion was held about the status of the MEPA review for the property. ● A discussion was held with Mr. Brian Gassett, Gassett Building, regarding a project change request from Orlando, 5 Pinetree Lane (HCC-32), for temporary site grading and the installation of an underground propane tank. Ms. Recos made a motion to determine the project change to be insignificant. The motion was seconded by Mr. Harrow and it passed unanimously. ● A discussion was held with Mr. Peter Barbieri, Attorney, and Mr. Dale McKinnon, Guerriere & Halnon, regarding a project change request from Maspenock Woods, LLC, 5 West Elm Street (188- 1612) for the existing house at 5 West Elm Street. A discussion was held about the applicant’s request to raze the existing single family home (SFH) and construct a new SFH house with a larger footprint and in a different location. The Commission noted the continued deterioration of the existing SFH is due in part by the applicant’s neglect. The Commission determined the project change request was not insignificant. ● It was noted that Mr. Valis, 76 Pine Island Road (188-899), requested a continuation to a future meeting that he would be able to attend. ● A discussion was held about the Request for Extension Permit for Orders of Conditions (188-1593) from Pulte Homes. It was noted that Pulte Homes has not responded to date on the request for an overview on the status of the project. The Commission determined to invite Pulte Homes to the next scheduled public meeting. ● A discussion was held about the request submitted by Pantazes, 23 Valleywood Road subject the abutting town-owned parcel, 0 Pond Street (R22 24 0), managed by Commission to remove one tree and prune branches on another tree. The Commission was amenable to the request subject to the Conservation Staff working with the owners arborist to ensure the safety of the property owners, the workers, and to perform the tree work in an environmentally friendly manner as practical. ● A discussion was held regarding the 23(b)(3) Disclosure of Appearance of Favor from Lucas Environmental dated 15 July 2019. ● A discussion was held regarding the request from M.G. Kane Properties, Inc., to donate their parcel, 0 Lumber Street (R34 5 0) to the Commission. The Commission determined to notify the owner that the Commission is taking the request under advisement. Hopkinton Conservation Commission 23 July 2019 Page 4 of 4 ● Commission reorganization: - Mr. Ciriello made a motion to nominate Mr. Barnes as Chairman. The motion was seconded by Ms. LeBlanc with all members voting in favor expect Mr. Barnes who abstained. - Mr. Ciriello made a motion to nominate Ms. Recos and Ms. Reed as Vice Chairpersons. The motion was seconded by Mr. Barnes will all members voting in favor except Ms. Reed and Ms. Recos who abstained. - Mr. Barnes made a motion to nominate Mr. Ciriello to serve on the Community Preservation Committee. The motion was seconded by Mr. Reed with all members voting in favor except Mr. Ciriello who abstained.