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HomeMy Public PortalAbout20200512 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission 12 May 2020 Page 1 of 5 12 May 2020 Called to Order: 7:00 PM Remote Meeting – Zoom Adjourned: 9:08 PM Members Present: Ted Barker-Hook, Jeffrey Barnes, Jim Ciriello, Ed Harrow, Janine LeBlanc, Melissa Recos, Kerry Reed, Matt Varrell: Lucas Environmental, Don MacAdam: Conservation Administrator, Anna Rogers: Inspections Administrative Assistant Members Absent: none 7:00 PM Commission Business • Mr. Barnes noted that the meeting is being conducted remotely consistent with Governor Baker’s Executive Order of March 12, 2020, due to the current State of Emergency in the Commonwealth due to the outbreak of the COVID-19 virus. He noted that in order to mitigate the transmission of the virus, the Board is complying with the Executive Order that suspends the requirement of the Open Meeting Law to have all meetings in a publicly accessible physical location. He noted that the Executive Order allows public bodies to meet entirely remotely as long as the public body makes provisions through adequate, alternative means to ensure that interested members of the public are provided reasonable access to the deliberations of the meeting. He noted that for this meeting the Commission is convening by video conference via Zoom App as posted on the Town’s web meeting calendar and the Commission’s agenda identifying how the public may join. He noted that the meeting may also be broadcast by HCAM TV. He noted that the meeting is being recorded and attendees are participating by video conference. • A Roll Call was held for members: Ms. Recos – present, Mr. Ciriello – present, Mr. Barker-Hook – present, Mr. Harrow – present, Ms. LeBlanc – present, Ms. Reed – not present, Mr. Barnes – present • A Roll Call was held for staff: Mr. MacAdam – present, Ms. Rogers – present, Mr. Varrell – present 7:09 PM Parks & Recreation Department, 66B Fruit Street RDA 2020-1 Request for Determination of Applicability - continuation Andrew Leonard, representative Mr. Leonard provided an overview of the Request for Determination of Applicability application information and site plan dated 19 February 2020. Mr. Leonard noted the proposed dog park is an allowed use under the Master Plan, the park would not be located within the Conservation Restriction area, and they are seeking to have the Commission confirm that the activity will be located outside the buffer zones of the adjacent wetland resource areas. A discussion was held regarding the Lucas Environmental memo dated 10 March 2020. Hopkinton Conservation Commission 12 May 2020 Page 2 of 5 Ms. Recos made a motion to close the hearing and issue a positive determination for the delineation and a negative determination for the work. The motion was seconded by Mr. Ciriello and a unanimous roll call vote was held. 7:16 PM 158 Hayden Rowe LLC, 158 Hayden Rowe RDA 2020-2 Request for Determination of Applicability Daniel Hunt, applicant/owner Mr. Hunt provided an overview of the Request for Determination of Applicability application information and site plans dated 30 September 2019 with a final revision date of 01 May 2020. He noted he was going to be using the existing garage foundation & pavement area and the only change to the site would be the construction of the proposed deck off the rear of the foundation for egress. A discussion was held regarding the Lucas Environmental memo dated 08 April 2020. Ms. Reed joined the meeting at this time. Ms. Recos made a motion to close the hearing and issue a Negative Determination of Applicability. The motion was seconded by Mr. Ciriello and all members voted in favor except Ms. Reed who abstained in a roll call vote. 7:28 PM Petrozzi, 0 Leonard Street (U19 52 0), Leonard St ROW HCC-39 Request for Reconsideration - continuation 7:28 PM Petrozzi, 0 Leonard Street (U19 52 0) HCC-33 Notice of Intent – continuation 7:28 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 1A HCC-35 Notice of Intent - continuation 7:28 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 2A HCC-36 Notice of Intent - continuation 7:28 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 3A HCC-37 Notice of Intent - continuation 7:28 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 4A HCC-38 Notice of Intent – continuation 7:28 PM Petrozzi, 0 Leonard St (U19 42 0) & Portion of Leonard St ROW RDA 2020-3 Request for Determination of Applicability Robert Truax, GLM Engineering; Paul McManus, EcoTec Mr. Truax provided an overview of the site plans dated 29 March 2018 with a final revision date of 25 March 2020 and the stormwater management report dated 30 March 2018 with a final revision date of 25 March 2020. He noted the driveways would act as berms. A discussion was held regarding the BETA Group review comments dated 31 March 2020. Mr. McManus provided an overview of the site plan sheet number: SUP-A entitled Mitigation Planting Plan. A discussion was held regarding the revised wetland delineation. Mr. Truax noted the new wetland flags are shown on the plan but the associated buffer zone lines are not. A discussion was held regarding the driveway impact from Lot 2A and if a common driveway could be utilized in order to lessen the impact. Hopkinton Conservation Commission 12 May 2020 Page 3 of 5 A discussion was held about whether the current plan would improve existing drainage issues to the area. Mr. McManus noted the roadway has been designed to grade towards the site and the pre-existing drainage outlet onto the property is longer being proposed to be blocked. Mr. Truax noted he believes the proposal would provide relief to the Maple Street Extension properties and would be an improvement to the area. A discussion was held on whether the proposal amounted to the conversion of an isolated vegetated wetland (IVW) into a wet detention basin. Mr. McManus noted the IVW currently receives stormwater directly from Leonard Street and the proposal would allow some water to be held back during larger storm events. Mr. McManus noted there will not be any new drainage directed into the IVW. It was noted that if the wetland was a bordering vegetated wetland, the proposal would not be allowed under the Act. A discussion was held about any anticipated changes to the IVW post construction. Mr. McManus noted the tree canopy would help it to hold more water and the area is less likely to become a marsh habitat, and more likely to become an understory and shrub swamp habitat. The Commission requested a written overview of the anticipated changes and enhancement to the vegetation and calculations of the proposed changes to the water regime of the IVW. Mr. McManus noted a written overview would be provided. A discussion was held about wetland impacts and if they could not be avoided then enhancement plantings should be considered instead of the use of any mitigation using excavation techniques. A discussion was held about whether basements were proposed for the houses and if permanent immovable barriers (PIB) were proposed. Mr. Truax noted walk-out basements are proposed and PIB’s are not shown on the plans. Members of the Commission noted they would expect PIB’s to be proposed and shown on the plans. Mr. Bob Saunders, 7 Prestwick Drive, noted he is concerned about the increasing level of basement flooding at 12 Maple Street Extension and asked if stormwater flow through the area would be slowed down enough. Mr. Truax noted the flow will be directed northwest towards Bucklin Street, but the existing high groundwater levels would not be reduced. Mr. Truax noted water would be further infiltrated around the site and would be an improvement over the existing conditions. Mr. Truax noted further improvements would have been gained if they could have connected to the Pleasant Street drainage, but the town is not amenable with that alternative. A discussion was held about whether it would be feasible to direct the water further down Leonard Street towards the olr railroad bed the Center Trail is built upon. A discussion was held about other alternatives that would not exacerbate the flow towards Maple Street Extension. Mr. Truax noted they review whether they can devise any further alternatives. The hearings were continued to 26 May 2020. 8:12 PM Commission Business - continued • The Commission reviewed the following documents voted at last meeting and electronically signed: - Kurdi, 1 Greenwood Road – Signature Page for a Certificate of Compliance (188-957) - 20th Century Homes, 6 Leon’s Way – Invalid Certificate of Compliance (188-1600) - Haghighi, 30 Stoney Brook Road – Extension Permit for Orders of Conditions (188-1618) - Vyas, 33 Stoney Brook Road – Extension Permit for Orders of Conditions (188-1621) - Prime Properties, 34 Stoney Brook Road – Extension Permit for Orders of Conditions (188-1622) - Sinise Foundation, 36 Stoney Brook Road – Extension Permit for Orders of Conditions (188- 1623) Hopkinton Conservation Commission 12 May 2020 Page 4 of 5 • The Commission determined to issue an Extension Permit for Orders of Conditions for Prime Properties, 21 Stoney Brook Road (188-1641). • The Commission determined to issue an Extension Permit for Orders of Conditions for Colletti, 31 Stoney Brook Road (188-1619). • The Commission noted new applications that have not been scheduled on an Agenda to date. • A violation discussion was held with Ms. Denise Bartone, Mr. Hans Van Lingen, Mr. Jim Blackburn, Eversource; and Ms. Tracy Adamski, Tighe & Bond, regarding sediments eroding off 55 Wilson Street (HCC-34). Ms. Bartone provided an overview of the Tighe & Bond memo dated 07 May 2020. Mr. Blackburn provided an overview of the fire pump test and the unique circumstances that led to sediments being discharged down into the roadway and entering into the stream via the existing stormwater management system. Mr. Blackburn noted that Tighe & Bond representatives were on- site and immediately initiated a response to the sedimentation and that multiple Town entities got involved right away. Ms. Adamski noted the onsite stream channel is inspected on a weekly basis. Ms. Adamski noted due to the incident they performed an evaluation further downstream, to where it crosses Kruger Road, and noted no buildup of sediments were observed within the stream channel from the discharge. The Commission noted their appreciation for the responsiveness performed and noted their concern that this was the third incident within the past year. It was noted that the Town is responsible for discharges per the MS4 permit and a discussion was held about ways to ensure that the Commission is notified prior to any future fire pump testing in the future and what best management practices (BMP) will be utilized to prevent such sedimentation occurring in the future. Ms. Bartone noted that the Fire Department and the Water Department are notified prior to the fire pump testing and they will add the Commission into the notification process. The Commission noted that they wanted Eversource to devise a plan incorporating the necessary BMP’s and then schedule an onsite meeting with the Conservation Staff to review the plan. Ms. Kati Towner, 9 Kruger Road, noted what happened was an illegal discharge; that high velocity water is not allowed into a municipal system. Ms. Towner noted she believes the water always takes this path and that there was nobody on site previously to report it. Ms. Towner noted she believes it is a violation that should be punished because it must have occurred every year they performed the fire pump test. Ms. Towner noted her concerns with the previous releases of firefighting foam into the stream. Ms. Towner noted it’s egregious when Eversource does not report such releases and that she should not have to notify the Town when such releases occur and go unreported. Ms. Towner noted that Rafferty Road (Legacy Farms North) is always flooding and has become a mosquito hazard as well. • Ms. Recos made a motion to approve the draft minutes of 25 February 2020. The motion was seconded by Mr. Harrow and a unanimous roll call vote was held. • A discussion was held about the exemption request for Mascaro, 22 Teresa Road (RDA 2003-26) regarding the proposed removal of trees along edge of the lawn, which is at the edge of the wetland. The Commission reviewed the Conservation Administrator memo dated 12 May 2020. Mr. Ciriello made a motion to approve the exemption request. The motion was seconded by Ms. Recos and a unanimous roll call vote was held. Hopkinton Conservation Commission 12 May 2020 Page 5 of 5 • A discussion was held regarding the restoration information received from Buonara, 6 Peter Porcaro Drive. Any further discussion was tabled until the Conservation Staff had an opportunity to review the current status of the restoration area. • A discussion of the site activity performed by Mayer, 0 Frankland Road (U7 20 0), was tabled to a future meeting. • The Commission determined to have the Conservation Staff review the MassDOT, I-495/I-90 Interchange Project Final Environmental Impact Report and determine if any comments would be necessary. • A discussion was held about a report received that sediments were eroding onto the town-owned parcel at 53 East Main Street (R13 8 3), through the existing intermittent stream channel and irrigation ponds. The Conservation Staff noted that the sedimentation was observed to be originating from the Pulte Homes Legacy Farms North project site (188-1593). 9:05 PM Frankland Road Solar, LLC, 0 Frankland Road (U7 7 0), DEP File No. 188-1694 Portions of 71 Frankland Road, Rear Frankland Road (R9 4 0) Notice of Intent – continuation The hearing was continued to 19 May 2020. 9:05 PM Harding, 70 Spring Street DEP File No. 188-1700 Notice of Intent – continuation The hearing was continued to 19 May 2020. 9:06 PM Hayes, 16 Downey Street DEP File No. 188-1701 Notice of Intent – continuation The hearing was continued to 19 May 2020. 9:07 PM REC Hopkinton LLC, 0 Chamberlain Street (R24 1 0), DEP File No. 188-1648 0 Whalen Road (R23 83 0), western portion of Chamberlain Street ROW Amended Notice of Intent - continuation The hearing was continued to 19 May 2020. 9:08 PM Hopkinton DPW, Lake Maspenock DEP File No. 188-1696 Notice of Intent – continuation The hearing was continued to 19 May 2020. The meeting was adjourned at 9:08 PM.