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HomeMy Public PortalAbout20190820 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission 20 August 2019 Page 1 of 3 20 August 2019 Called to Order: 7:30 PM Hopkinton Senior Center, 28 Mayhew Street Adjourned: 9:34 PM Members Present: Jeffrey Barnes, Jim Ciriello, Ed Harrow, Ted Barker-Hook, Melissa Recos, Kerry Reed, Don MacAdam: Conservation Administrator, Matt Varrell: Conservation Scientist, Shannon Soares: Administrative Assistant Members Absent: Janine LeBlanc 7:30 PM Commission Business  The Commission signed the following document: - REC Hopkinton, 0 South St (R29 7 B) – Order of Resource Area Delineation (188-1667)  Mr. Harrow made a motion to approve the draft minutes of 23 July 2019. The motion was seconded by Ms. LeBlanc and it was passed by everyone except Mr. Barker Hook who abstained.  A discussion was held with Mr. Matthew Schroyer, 7 Wilson Street, regarding the exemption request to remove and prune trees. Mr. Schroyer noted that they are also considering building a new driveway with an associated retaining wall and estimate that the activity would be beyond the 100- foot buffer zone to the wetland and the 125-foot buffer zone to the vernal pool. The Commission noted to make any determinations, the applicant should provide a site plan that identifies the existing and proposed conditions.  A discussion was held with Mr. Malcolm Page, 74 Pine Island Road, regarding the exemption request to maintain the existing gravel driveway by installing permeable pavers. Mr. Ciriello made a motion to determine the proposed maintenance activity qualified as an exempt activity. The motion was seconded by Ms. Reed and it passed unanimously. 7:45 PM Southfield Properties, 97 South Street DEP File No. 188-____ Notice of Intent Joseph P. Marquedant, J.D. Marquedant & Associates Mr. Marquedant provided an overview of the Notice of Intent application and site plans dated 03 July 2019. A discussion was held regarding the proposed maintenance work to the parking lot, the associated structures and the repair work to enhance the structural stability of the parking lot retaining slopes. Mr. Marquedant noted that the property improvements would result in an additional 76 square feet of impervious area. A discussion was held regarding the efficiency of the existing stormwater management system and if there are any proposed improvements to the maximum extent practicable. Mr. Marquedant noted there is a yearly cleaning program that includes inspection of the catch basins and cleaning on an as needed basis. Hopkinton Conservation Commission 20 August 2019 Page 2 of 3 The Commission noted that submission of the operation & maintenance plan and copies of the annual stormwater maintenance reports should be a condition of any approval. A discussion of the snow storage plan was held. A discussion was held regarding the existing wet detention basin needing to be identified as a wetland on the plans. A discussion was held about managing the invasive plant species in the wet detention basin. Mr. Ciriello made a motion to close the hearing and issue an Order of Conditions with the standard and noted special conditions, subject to the submission of revised information as discussed, and the issuance of a DEP filing number. The motion was seconded by Ms. Reed and it passed unanimously. 8:10 PM Petrozzi, 0 Leonard Street (U19 52 0) HCC-33 Notice of Intent – continuation 8:10 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 1A HCC-35 Notice of Intent - continuation 8:10 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 2A HCC-36 Notice of Intent - continuation 8:10 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 3A HCC-37 Notice of Intent - continuation 8:10 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 4A HCC-38 Notice of Intent – continuation The applicant requested continuations to 24 September 2019. 8:11 PM Petrozzi, 0 Leonard Street HCC-39 Notice of Intent - continuation Louis Petrozzi, Wall Street Development Corp. Mr. Petrozzi presented revised site plans and noted that an additional catch basin was located and identified on the plan. Mr. Petrozzi noted that he does not have any hard copies or electronic copies of the revised site plan to submit for the record and would submit them later. The Commission inquired about the status of the applicant’s request to the Hopkinton DPW for the removal of the drainage pipe. Mr. Petrozzi noted that the matter is in litigation. The Commission inquired if the project was being reviewed by the Planning Board (Board). Mr. Petrozzi noted that the Board was not reviewing the project since it is a private road. A discussion was held about the limit of the proposed berm being demarcated in the field to determine whether the application needed to be filed under the Massachusetts Wetlands Protection Act (Act). Mr. Petrozzi noted that he would stake out the limit of work for the berm subject to the Commission issuing an Order of Conditions for the project. The Commission noted the limit of work and the berm could not be located within the jurisdiction of the Act and Mr. Petrozzi noted his agreement. A discussion was held about the applicant’s refusal to provide a peer engineering review of the application as requested by the Commission. The Commission noted that the engineering peer review would provide data to determine how the removal or plugging of the stormwater drainage pipe and regrading of the roadway would affect stormwater runoff in proximity to the work. Mr. Barker-Hook noted that there was an additional catch basin in a photograph presented by the applicant and questioned if it was connected to the drainage system. Mr. Petrozzi noted he did not review that particular catch basin but would assume that it is connected to the drainage system. Mr. Petrozzi noted that he was willing to meet informally with a select few members of the Commission to try and find a resolution to the matter. A further discussion was held on the matter of a peer engineering review. Mr. Barnes stated that the Commission had received no Hopkinton Conservation Commission 20 August 2019 Page 3 of 3 expert opinion regarding what would happen to the water that currently flows through the drainage pipe if the pipe is removed or blocked, and that therefore too much was unknown about the impacts of the proposed project. Mr. Barnes further noted that the Commission’s standard practice is to require peer review of the stormwater design for every subdivision, and without that review there is insufficient information for the Commission to make a decision. Mr. Petrozzi responded that BETA had reviewed the stormwater design for the proposed subdivision, but Mr. Barnes responded that the activitie s proposed in this Notice of Intent application were not included in that previous review. Ms. Reed noted that she believes the project could have the possibility of impacting other private properties in ways outside the Commission’s purview, but does not believe the project would have any significant negative impacts to the resource areas. Mr. Ciriello noted the current point source discharge would become a surface area discharge. Mr. Petrozzi noted that he was seeking to close the hearing. Ms. Recos made a motion to close the hearing. The motion was seconded by Ms. Reed. The hearing was closed without any opposition. Ms. Reed made a motion to approve the project under the Bylaw. The motion was seconded by Mr. Ciriello. Ms. Reed and Mr. Ciriello voted in favor of the motion, Mr. Barker-Hook, Mr. Barnes, Mr. Harrow, and Ms. Recos voted in opposition of the motion. Mr. Petrozzi inquired about the process for filing a request for reconsideration under the Bylaw. By a 4 - 2 majority decision, the motion to approve the project did not pass. Therefore, a decision must be issued to not approve the project under the Bylaw. 8:30 PM Commission Business  Mr. Malcolm Page and Mr. Rick Marino, Lake Maspenock Weed Management & Control Advisory Group provided an overview on the status of weed growth in the lake and previous best management practices utilized to manage weeds. An informal discussion was held subject to the Hopkinton DPW’s 01 August 2019 notification to perform an extended drawdown.  The Commission reviewed the request for Extension Permit for Order of Conditions from Pulte Homes, Legacy Farms North (188-1593). Ms. Recos made a motion to approve the issuance of Extension Permit for Order of Conditions. The motion was seconded by Ms. Reed and it passed unanimously.  A discussion was held regarding the request from M.G Kane Properties to donate a parcel of land, 0 Lumber Street (R34 5 0), to the town. The Commission noted adequate funding would be needed to perform due diligence on the parcel. The Commission noted pending a title search, a letter should be forwarded to the Town Managers Office in support of the Town accepting the donation request. Mr. Ciriello noted he would perform some research on the parcel.  A discussion was held about the exemption request from Dieter, 32 Granite Street to raze and replace an existing deck in kind. The Commission determined that replacing, but not significantly enlarging, the deck qualified as a maintenance exempt activity.  Mr. Barnes made a motion to recommend that Mr. Harrow be reappointed to serve on the Open Space Preservation Commission. The motion was seconded by Mr. Ciriello and it was passed by everybody except Mr. Harrow who abstained.