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HomeMy Public PortalAbout20180515 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission 15 May 2018 Page 1 of 5 15 May 2018 Called to Order: 7:00 PM Hopkinton Senior Center, 28 Mayhew Street Adjourned: 9:17 PM Members Present: Ted Barker-Hook, Jeffrey Barnes, Jim Ciriello, Ed Harrow, Melissa Recos, Kerry Reed, Jamie Wronka, Don MacAdam: Conservation Administrator, Matt Varrell: Conservation Scientist, Anna Rogers: Inspections Administrative Assistant Members Absent: none 7:00 PM Commission Business  Ms. Wronka made a motion to approve the draft minutes of 10 April 2018. The motion was seconded by Mr. Harrow and it passed unanimously.  The Commission reviewed an exemption request from Chawla, 73 South Mill Street, to remove two live trees and determined the request qualified as an exempt activity subject to planting two replacement native trees/shrubs.  An informal discussion was held about potentially creating a liaison to the Parks & Recreation Commission. The discussion was tabled for a future meeting.  The Commission reviewed an exemption request from Gonzalez, 34 Oakhurst Road, to remove one structurally unsound tree and one tree subject to work for a pending Request for Determination of Applicability application. The Commission determined the request qualified as an exempt activity.  The Commission reviewed a project change request from Lui, 109 Winter Street (188-1625) to replace a failed septic system for the existing single family home. Mr. Ciriello made a motion to determine the request to be an insignificant project change. The motion was seconded by Mr. Harrow and it passed unanimously.  A discussion was held regarding the request from the Homeowners Association for the Hopkinton Meadow Subdivision (188-1073) (HAHMS) to remove trees subject to the Conservation Restriction that the Commission holds jointly with the Hopkinton Area Land Trust (HALT). It was noted that HALT meet with HAHMS and the request was withdrawn.  The Commission reviewed the Disclosure of Appearance of Conflict of Interest dated 14 May 2018 from Lucas Environmental.  A discussion was held regarding the exempt minimum risk pesticides identified under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA 25(b)). A discussion was held about revising the standard condition for pesticide use as an ongoing condition for wetland permits.  The Commission determined to cancel the meeting scheduled for 10 July 2018 due to the lack of a quorum. Hopkinton Conservation Commission 15 May 2018 Page 2 of 5 7:28 PM Keiger Estate, 0 Wood Street (off Proctor & Walker Streets) DEP File No. 188-1656 Notice of Intent The applicant requested a continuation to 26 June 2018. 7:28 PM Nation, 0 Whisper Way (R16 26 1), 5 Whisper Way, DEP File No. 188-1647 0 Wood Street (U14 28 0), 0 Wood Street (U14 28 A), 129 Wood Street Abbreviated Notice of Resource Area Delineation - continuation The applicant requested a continuation to 05 June 2018. 7:30 PM Cummings, 120 Pond Street RDA 2018-3 Request for Determination of Applicability Mark Cooperman, EcoTerra Design Mr. Cooperman provided an overview of the Request for Determination of Applicability application and site plans dated 14 April 2018. He noted the property owner had concerns regarding large trees near the house and is seeking to clear more area along the backyard. He noted the property owner was not seeking to perform any site clearing within the buffer zone. A discussion was held regarding the Lucas Environmental memo dated 14 May 2018. A discussion was held regarding the wetland delineation. It was determined that Mr. Cooperman and Mr. Varrell would review the wetland delineation in the field. Ms. Recos arrived at this time. Mr. Harrow asked if the concerns were with trees falling on the house. Mr. Cooperman agreed that was a concern and noted are 90 foot trees approximately 40-75 feet from the house. Mr. Cooperman noted there are no plans at this time to grub the area, just to remove the trees. The hearing was continued to 26 June 2018. 7:42 PM Town of Hopkinton, portion of 66 Fruit Street DEP File No. 188-____ Abbreviated Notice of Resource Area Delineation Kyle Cormier, Oxbow Associates Mr. Cormier provided an overview of the Abbreviated Notice of Resource Area Delineation application and site plans dated 20 April 2018 with a final revision date of 15 May 2018. He noted only a portion of the site has been delineated due to the scope of the future proposed project area. A discussion was held regarding the Lucas Environmental memo dated 10 May 2018. The Commission approved the waiver request regarding the use of the 2006 topographical lines on the current plan. A discussion was held regarding a second potential vernal pool area not shown on the plans. Mr. Harrow made a motion to close the hearing and issue an Order of Resource Area Delineation subject to the submission of a revised plan identifying the location of the second vernal pool and vernal pool buffer zone as discussed. The motion was seconded by Mr. Ciriello and it passed unanimously. Hopkinton Conservation Commission 15 May 2018 Page 3 of 5 ***The Commission signed a signature page for the Order of Resource Area Delineation.*** 7:56 PM Petrozzi, 0 Leonard Street HCC File No. 33 Notice of Intent Lou Petrozzi, Wall Street Development Corp.; Robert Truax, GLM Engineering A discussion was held regarding the bylaw filing fees. Mr. Petrozzi noted he believes the project is not a subdivision roadway, and only a very small portion of the work is within the buffer zone. The Commission determined the project does not qualify an accessory residential activity and qualifies as a subdivision roadway. The Commission noted an estimated project cost and the corresponding consultant fee has not been submitted by the applicant. The Commission determined that the stormwater management report, dated 30 March 2018, will need to be peer engineered reviewed by BETA Group as identified under the scope of services dated 25 April 2018. Mr. Petrozzi noted he believes a peer engineering review by BETA Group is excessive for the project and that he could chose to move the project outside the Commission’s jurisdiction. He noted the proposal is for a pre-existing way, known as Bucklin Street, but has not been constructed. He noted he is in disagreement with the Hopkinton Planning Board (HPB) opinion that a subdivision application is required. He noted he will provide alternative access plans subject to Leonard Street at a future hearing. He noted that if access is provided from Leonard Street he would be able locate the single family homes in the area of Bucklin Street and outside the buffer zone. Mr. Truax provided an overview of the Notice of Intent application and site plans dated 29 March 2018. He provided an overview of the proposed stormwater management system, noted there is a high water table in the area, and that water and sewer utility lines will be extended down Bucklin Street from Pleasant Street. Mr. Truax noted the stormwater basins will be sized to accommodate runoff from the driveways, but infiltration for the single family homes will be separate. Mr. Petrozzi noted there will be a homeowners association responsible for the maintenance of the roadway and stormwater best management practices. He noted he will be presenting alternative designs at the next meeting. Mr. Barnes noted that the stormwater bylaw site plans indicate that a majority of the subdivision lots are within the 100 foot buffer zone and work will be proposed within the No Disturbance Zone. He noted the Wetland Bylaw Regulations require adequate mitigation measures to be implemented to offset impacts to wetland resource areas. He noted the applicant has the burden of proof to demonstrate to the Commission’s satisfaction that the proposed site activities are necessary and that reasonable alternatives, including reducing the scale and scope of the project, do not exist. He noted site disturbance within the 50-100 foot buffer zone is at the discretion of the Commission. Mr. Petrozzi noted the Town is illegally draining stormwater onto his property from Leonard Street. He noted his property has been damaged by the creation of wetlands. He noted he wants to have a discussion with the Commission regarding alternatives before agreeing to submit any consultant fees to pay for peer reviews. Ms. Linda Connelly, 56 Pleasant Street, provided an overview of the site photos she emailed to the Commission. She noted the property is extremely wet. She noted it would need to be developed very carefully since there are already flooding issues to the neighboring properties located down gradient from the site. Hopkinton Conservation Commission 15 May 2018 Page 4 of 5 Mr. Michael Graham, 3 Maple Street Extension, provided an overview of the site photos he emailed to the Commission. He noted he has had past flooding issues on his property as well. The hearing was continued to 26 June 2018. 8:38 PM Takacs, 9 Cedar Street Extension DEP File No. 188-1657 Notice of Intent - continuation The applicant requested a continuation to 05 June 2018. 8:38 PM Takacs, 15 Cedar Street Extension DEP File No. 188-1658 Notice of Intent - continuation The applicant requested a continuation to 05 June 2018. 8:38 PM TJA Solar, DEP File No. 188-1654 0 Cedar St (U11 26 B), 0, 0 Wilson Street (U12 2 A)(U11 30 0), 17 Wilson Street, Notice of Intent - continuation Scott Goddard, Goddard Consulting Mr. Goddard noted he has been retained by the applicant and that he is working with the project engineer. He noted they will be submitting revised plans and will be responding to the Lucas Environmental review letter in due course. The hearing was continued to 26 June 2018. 8:40 PM REC Hopkinton, LLC, DEP File No. 188-1648 0 Chamberlain Street (R24 1 0), 0 Whalen Road (R23 83 0), western portion of Chamberlain Street roadway Notice of Intent – continuation Scott Goddard, Goddard Consulting; Kathi Sherry, REC Hopkinton, LLC The Commission noted the current and previous hearing held on 01 May 2018 will be voided due to an incomplete notification of abutters process subject to the Whalen Road right-of-way. Mr. Goddard noted that he will submit a certified abutters list subject to the entire proposed work area. Mr. Goddard provided an overview of the revised site plans with a final revision date of 07 May 2018. A discussion was held regarding the Lucas Environmental memo dated 10 May 2018. Mr. Goddard noted they are proposing to daylight a portion of the culverted stream at the end of Whalen Road. He noted they are not completely meeting the stream crossing standards, but they would be improving the existing conditions there. The Commission noted all the calculations will need to be reviewed. The Commission asked whether the applicant has reviewed reducing the scale of the existing Whalen Road cul de sac. Mr. Goddard noted that reducing the scale of the cul de sac could be considered. Hopkinton Conservation Commission 15 May 2018 Page 5 of 5 Mr. Goddard noted the wetland replication area has been removed from the emergency access area and relocated to the end of the Whalen Road area. A discussion was held about crossing the multiple streams in the emergency access area. Mr. Goddard provided an overview for proposing to redirect one of the stream channels into one of the proposed box culverts. The Commission noted concerns about altering the existing stream channel and the potential for future impacts such as wetland loss. A discussion was held regarding the installation of another culvert at the emergency access area. The Commission noted more details are required about the crossings, including the footings, and that the critical habitat area needs to be identified to determine the best places to locate the culverts. Mr. Barker-Hook expressed concerns regarding salt contaminating the wetlands and waterways subject to winter roadway maintenance. A discussion was held regarding the extent of the Indian Brook watershed. Mr. Barker-Hook noted he spoke to the Fire Department and they noted an expectation that the roadway would be plowed and salted regularly. He noted the Hopkinton DPW has not yet responded to his inquiry about winter roadway maintenance. The hearing was continued to 26 June 2018. Minutes Approved: 26 June 2018