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
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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
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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
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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
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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
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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