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HomeMy Public PortalAbout20200526 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission 26 May 2020 Page 1 of 5 26 May 2020 Called to Order: 6:30 PM Remote Meeting – Zoom Adjourned: 9:00 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 6:30 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 Ms. Reed joined the meeting at this time. 6:38 PM Hopkinton DPW, Lake Maspenock DEP File No. 188-1696 Notice of Intent – continuation John Westerling, DPW Director; David Mitchell, consultant; Cynthia Esthimer, Weed Management Committee Mr. Barnes relinquished the Chair to Ms. Recos for the public hearing. Mr. Mitchell provided a brief overview of application. He noted he has sent the Commission Orders of Conditions for similar projects in other Towns. Hopkinton Conservation Commission 26 May 2020 Page 2 of 5 Ms. Recos provided a brief overview of how many written comments the Commission had received, both in favor and not in favor of using herbicides. Ms. Recos noted that when the Commission is ready to make a determination, the Commission should consider rendering separate votes for the project under the Act and under the Bylaw. Mr. Barker-Hook requested clarification on the Town Meeting vote and about Town Counsel’s opinion on the matter. Ms. Recos read Town Counsel’s response dated 16 March 2020 and noted that the proposed work is not relevant to that Town Meeting vote. Mr. Barnes mentioned that the spot treatment using herbicides is done as directed by the Weed Management Committee and the DPW. Mr. Barnes asked if a determination has been made on whether any treatment was necessary for this year. Ms. Esthimer, 118 Hayward Street, noted the spring survey has not been scheduled yet. Ms. Esthimer noted the water is clear with no sightings at this time, but similar to last year, she is expecting an explosion of weeds in the next few weeks. Ms. Recos, referenced the submitted examples of the other Town’s Orders of Conditions, and noted that they appeared to be granting approval for herbicide use, but the approval was conditioned to the applicant needing to provide proof to the Commission that treatment was necessary before each year’s use. Mr. Mitchell noted that the use of herbicides each year is subject to approval by the Commission under the Orders. Mr. Westerling noted their intent is for an herbicide application once in June/July per year. Mr. Harrow noted he is still concerned with the sources of the weeds and if it is fertilizers, and other factors that are contributing to the problem. He noted that all sources should be investigated. Ms. LeBlanc asked if the weeds will die off anyways. Mr. Mitchell responded that yes, weeds grow quickly in season, then will die back, but he noted that they will keep expanding further into the lake if left untreated. Ms. Ann Karnovsky, 132 East Main Street, noted the drawdown has been effective in the past, and referenced a previous issue with a shallow well. She noted she would like to request the Hopkinton Board of Health to test the well before they are allowed to use it for potable water. Ms. Cathy Sweeney, 193 West Main Street, noted they are starting to see weeds in the North Basin earlier than normal. Mr. Chris and Ms. Mari Benning, 14 Downey Street, noted that Regulations require annual approval before the herbicides can be used. They noted that the timing in making the lake unusable for multiple weeks, especially this season, is not a wise decision. Mr. Morrie Gasser, 28 South Mill Street, noted that the Hopkinton Area Land Trust is not against the use of herbicides specifically, but the 2016 management plan indicates other options are viable. He noted that mechanical harvesting, and other alternatives should be considered. He noted there are volunteers willing to hand harvest in shallow areas of the lake a harvester could not reach. He noted that a partial drawdown, plus mechanical harvesting may prove adequate. Ms. Carol Esler, 16 Oakhurst Road, noted that science studies offer a wider perspective about how we treat ecosystems as a whole. She noted it is the minority that want herbicides, not the majority. Hopkinton Conservation Commission 26 May 2020 Page 3 of 5 Mr. Drew Logan, 30 Lake Shore Drive, noted the lake is tested multiple times a year. He noted the tests have been good over the years and improved more when the majority of homes were connected to sewerage. He asked about the swimming restrictions. The Commission noted concerns about the swimming restrictions were discussed in a previous public hearing. Mr. John Coutinho, 1 David Joseph Road, Select Board Member, thanked all the involved parties. He noted it is a difficult decision to make. He noted the advisory group was assembled with people from both sides of the issue. He noted he would like to see the Commission support a one year spot treatment. He noted the Town is working towards purchasing the island with the shallow well and hoping they will be able to do a deep drawdown in the future. Mr. Ron Shamus, 36 Lake Shore Drive, referenced the staff comments about a conditional approval based on EU recommendations. Mr. Westerling noted the Principal Planner’s, Mr. John Gelcich, comments that he would recommend the use of EU and CA approved herbicides. Mr. Mitchell noted that there are different rules in different states for the waiting time to use the water after herbicide treatment. He noted he believes that a 1-2 day shutdown after the application would be appropriate. Mr. Walter Garland, 50 Downey Street, noted he supports the use the herbicides. He noted he sent in written comments as well. He noted he understands that any permit issued does not automatically approve the application of herbicides, but allows it as an available option. He noted he understands that the survey will determine if the use of herbicides would be needed. Mr. Barker-Hook noted he would want it to be a one (1) year permission. It was noted that permission for the use of herbicides each year could be conditioned. Mr. Ciriello made a motion to close the public hearing and approve issuing an Order of Conditions under the Massachusetts Wetlands Protection Act with the standard and noted special conditions to be further reviewed as discussed. The motion was seconded by Mr. Barnes. Mr. Barnes, Mr. Ciriello, and Ms. Reed voted in favor of the motion and Mr. Barker Hook, Mr. Harrow, Ms. LeBlanc, and Ms. Recos voted to oppose the motion. By a 4 to 3 majority decision, the motion to approve the project under the Act did not pass. Therefore, a decision must be issued to not approve the project under the Act. Mr. Ciriello made a motion to close the public hearing and approve issuing an Order of Conditions under the Bylaw with the standard and noted special conditions to be further reviewed as discussed. The motion was seconded by Mr. Barnes. Mr. Barnes, Mr. Ciriello, and Ms. Reed voted in favor of the motion and Mr. Barker Hook, Mr. Harrow, Ms. LeBlanc, and Ms. Recos voted to oppose the motion. By a 4 to 3 majority decision, the motion to approve the project under the Bylaw did not pass. Therefore, a decision must be issued to not approve the project under the Bylaw. Mr. Westerling thanked the Commission, noting he respects the process although he wished the outcome was different. Ms. Recos left meeting at this time. Hopkinton Conservation Commission 26 May 2020 Page 4 of 5 7:36 PM Petrozzi, 0 Leonard Street (U19 52 0), Leonard St ROW HCC-39 Request for Reconsideration - continuation 7:36 PM Petrozzi, 0 Leonard Street (U19 52 0) HCC-33 Notice of Intent – continuation 7:36 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 1A HCC-35 Notice of Intent - continuation 7:36 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 2A HCC-36 Notice of Intent - continuation 7:36 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 3A HCC-37 Notice of Intent - continuation 7:36 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 4A HCC-38 Notice of Intent – continuation 7:36 PM Petrozzi, 0 Leonard St (U19 42 0) & Portion of Leonard St ROW RDA 2020-3 Request for Determination of Applicability - continuation Louis Petrozzi, applicant; Robert Truax, GLM Engineering; Paul McManus, EcoTec A discussion was held regarding which applications would need to be withdrawn. Mr. Truax provided an overview of the site plans dated 29 March 2018 with a latest revision date of 13 May 2020, the Stormwater Management Operation and Maintenance Plan, dated 07 October 2018 with a latest revision date of 20 May 2020, the Stormwater Management Construction Operation and Maintenance Plan, dated 07 October 2018 with a latest revision date of 20 May 2020, and the Long Term Stormwater Management Operation and Maintenance Plan, dated 07 October 2018 with a latest revision date of 20 May 2020. A discussion was held about the revisions to the site plans and the Operation and Maintenance Plans. Mr. McManus provided an overview of the Proposed Invasive Vegetation Management and Planting Program dated 19 February 2019 with a final revision date of 25 May 2020. A discussion was held about the vegetation management plan. A discussion was held about further alternatives for the driveways that would reduce impacts to the resource areas. A discussion was held regarding potential impacts to the Isolated Vegetated Wetlands. A discussion was held regarding the need for permanent immovable barriers. The hearings were continued to 09 June 2020. 8:29 PM Harding, 70 Spring Street DEP File No. 188-1700 Notice of Intent – continuation Peter Bemis, Engineering Design Consultants Mr. Bemis provided an overview of the revised site plans dated 17 February 2020 with a latest revision date of 27 April 2020. A discussion was held about further alternatives for driveway access that would reduce impacts to the resource areas. Ms. Recos joined the meeting at this time. The hearing was continued to 23 June 2020. Hopkinton Conservation Commission 26 May 2020 Page 5 of 5 8:39 PM Commission Business - continued • The Commission authorized the electronic signature of the following documents: - Hayes, 16 Downey Street (188-1701) – Order of Conditions - REC Hopkinton, 0 Chamberlain Street (R24 1 0), 0 Whalen Road (R23 83 0) – Amended Order of Conditions • The Commission noted the new applications scheduled for 09 June 2020. • The Commission noted the new applications that have not been scheduled on an agenda to date. • A discussion was held with Mr. Dan Wells, Goddard Consulting, regarding a wetland restoration plan dated 15 April 2020 for Lussier, 4 Valentine Cir (188-1530). The Commission determined to issue an Enforcement and Restoration Order in order to bring the site into compliance. Mr. Wells noted the Conservation Restriction has been approved by the State and the Commission will be notified shortly. • A discussion was held about the potential for the purchase and installation of turtle crossing signage. It was determined that Mr. Harrow would obtain a cost estimate and the Commission would coordinate with the Treasurer’s Office on addressing the cost through the Conservation Fund. Adjourn: 9:00 PM