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.