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HomeMy Public PortalAbout20200728 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission 28 July 2020 Page 1 of 6 28 July 2020 Called to Order: 6:32 PM Remote Meeting – Zoom Adjourned: 9:27 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 6:32 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 – present, Mr. Barnes – present • A Roll Call was held for staff: Mr. MacAdam – present, Ms. Rogers – present, Mr. Varrell – present • The Commission approved issuing the following documents: - Jackson, 132 Clinton Street - Order of Conditions (188-1707) – pending revised plan - Bloom, 23 Woody Island Road - Determination of Applicability (RDA 2020-6) - Bryant, 0 Downey Street - Order of Conditions (188-1705) • The Commission noted the new applications received for future meetings. • A discussion was held about the exemption request from the Parks & Recreation Department and the Department of Public Works subject to 0 Hayward Street (L35 92 0). It was noted that the proposal is to remove the existing pavement, loam & seed the area with a native conservation seed mix, and install large rocks along the roadway to prevent vehicles from parking on the lot. The Commission determined the site work qualified as an exempt activity. Hopkinton Conservation Commission 28 July 2020 Page 2 of 6 • A discussion was held regarding the renewal request from the Department of Public Works for the town-wide drainage Determination of Applicability (RDA 2003-20). A discussion was held about the need for cleaning & maintaining the drainage best management practices on a regular basis. A discussion was held about how this may be applicable with the MS4 permitting. Mr. Barker-Hook made a motion to approve the issuance of a two year renewal. The motion was seconded by Mr. Harrow and a unanimous roll call vote was held. 6:50 PM Rossillo, 2 Deer Run DEP File No. 188-1710 Notice of Intent Kyle MacDonald, Goddard Consulting; Vicki Rossillo, owner/applicant Mr. MacDonald provided an overview of the Notice of Intent application and site plans dated 15 June 2020. He noted the pool is proposed to be located within the outer 100 – 200 foot Riverfront Area and within the existing lawn. A discussion was held about the Lucas Environmental memo dated 27 July 2020. A discussion was held about the proposed removal of three trees and replacing them with shrubs. Mr. Ciriello made a motion to close the hearing and issue an Order of Conditions with the standard and noted special conditions. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. 6:57 PM 20th Century Homes, 5 Whisper Way DEP File No. 188-1708 Notice of Intent 6:57 PM 20th Century Homes, 3 Whisper Way DEP File No. 188-1709 Notice of Intent Maryann DiPinto, Three Oaks Environmental; Craig Nation, applicant/owner Ms. DiPinto provided an overview of the Notice of Intent (NOI) application and site plans dated 25 June 2020 for Lot 3, 5 Whisper Way and the NOI application and site plans dated 25 June 2020 for Lot 4, 3 Whisper Way. Ms. DiPinto noted that one of the lots has an existing house on it and that the new house is proposed to be located further away from wetlands. A discussion was held about the Lucas Environmental memo dated 27 July 2020 and the Three Oaks Environmental memo dated 28 July 2020. A discussion was held about the need for a cumulative analysis for proposed buffer zone disturbance subject to the entire subdivision. Ms. DiPinto noted the original subdivision proposal was for 24 lots and now has been scaled down to 12 lots. It was noted that the buffer zone analysis should identify the previously disturbed areas within the buffer zone. A discussion was held about the potential for reducing the amount of proposed grading towards the wetland. Mr. Nation noted he would explore the potential for incorporating a retaining wall to reduce grading and that could also act as permanent immovable barrier. The hearings were continued to 25 August 2020. Hopkinton Conservation Commission 28 July 2020 Page 3 of 6 7:16 PM MassDOT, I-90 and I-495 Interchange DEP File No. 188-____ Notice of Intent - continuation Mark Fobert, TetraTech The Commission noted given the scale of the interchange improvement project they have retained scopes of services to have peer engineering & peer environmental reviews be performed. Mr. Fobert noted that the applicant respectfully declines to provide any consultant fees for peer engineering & environmental reviews to be performed. A discussion was held regarding the proposed improvement to the existing Whitehall Brook culvert. Mr. Fobert noted that no work is associated with the existing Sudbury River culverts. Mr. Ciriello made a motion to close the hearing and issue a Denial Order of Conditions with a finding of fact. The motion was seconded by Ms. Recos and a unanimous roll call vote was held. 7:22 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 plan dated 17 February 2020 and with a final revision date of 27 July 2020. A discussion was held about the Lucas Environmental memo dated 23 July 2020. A discussion was held about comments from the Fire Chief regarding the driveway location. A discussion was held about the proposed rain garden. Mr. Bemis provided an overview of the proposed box culvert over the stream channel. A discussion was held about the lack of sufficient wetland replication details. The Commission noted the submission of adequate details could be conditioned prior to the start of any site activity. A discussion was held about an operation and maintenance plan being prepared for the rain garden and filter strip. Mr. Bemis noted it would be amenable to have the submission of a plan be conditioned prior to the start of any site activity. Mr. Barker-Hook noted concern for the management of snow proximate to the stream crossing and the potential for salt to enter the resource area. Mr. Harrow noted he believes it is an improvement over the previous proposal. A discussion was held about the management of the non-native invasive plants (Japanese knotweed) on the property. A discussion was held about best management practices during plant removal and future education for the property owner. It was noted that a revised Bylaw Supplement Form documenting the proposed buffer zone disturbance subject to the current plan would need to be submitted for the issuance of any Order of Conditions. Mr. Bemis noted that the list of abutters did not change subject to the proposed activity on 68 Spring Street. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions subject to the submission of the noted information and with the standard and noted special conditions. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. 7:49 PM DeWolfe, 28 Lumber Street DEP File No. 188-1706 Abbreviated Notice of Resource Area Delineation - continuation The hearing was continued to 11 August 2020. Hopkinton Conservation Commission 28 July 2020 Page 4 of 6 7:49 PM Petrozzi, 0 Leonard Street (U19 52 0), Leonard St ROW HCC-39 Request for Reconsideration - continuation 7:49 PM Petrozzi, 0 Leonard Street (U19 52 0) HCC-33 Notice of Intent – continuation 7:49 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 1A HCC-35 Notice of Intent - continuation 7:49 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 2A HCC-36 Notice of Intent - continuation 7:49 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 3A HCC-37 Notice of Intent - continuation 7:49 PM Petrozzi, 0 Leonard Street (U19 52 0), Lot 4A HCC-38 Notice of Intent – continuation 7:49 PM Petrozzi, 0 Leonard St (U19 42 0) & Portion of Leonard St ROW RDA 2020-3 Request for Determination of Applicability - continuation Lou Petrozzi, applicant/owner; Paul McManus, EcoTec Mr. Petrozzi noted that he is withdrawing the Notice of Intent applications for HCC File Number-38 and HCC File Number-39. A discussion was held about the memo from the Department of Public Works (DPW) dated 14 July 2020. Mr. Barker-Hook noted he understands the charge of the Commission subject to wetlands protection, he has read the comments from the neighbors, the memo from the DPW, but cannot see how the project is protective of the wetlands. Mr. McManus acknowledged that there will be a change to the wetland but noted that it would not equate to a negative change. It was noted that such a proposed change to a Bordering Vegetated Wetland would not be allowed under the Act, but since it is an Isolated Vegetated Wetland, allowing such a change is at the discretion of the Commission. Ms. Recos noted she has reviewed all the new information, understands the proposed disturbance is discretionary, and believes the proposed stormwater best management practices (BMP) and mitigation planting would benefit the wetland. Mr. Ciriello noted he believes the proposed changes would be an improvement to the existing stormwater management conditions. A discussion was held about the findings from BETA Group’s peer engineering review. It was noted that the memo from the DPW was not a comment from an engineering perspective, but a letter of support for improving existing stormwater management in the area. Mr. Petrozzi noted he has provided a draft drainage easement document to DPW and Town Counsel for their review. The Commission inquired if the Fire Department commented on the reduction of the width of the side by side driveways. Mr. Petrozzi noted his discussions with the Fire Department are ongoing and that he is also trying to get a fire hydrant installed close by as well. It was noted that any approval by the Commission would also be subject to the approval of the driveways by the Fire Department. Mr. Petrozzi noted he is amenable with reducing the width of the side by side driveways, but will need approval from the Fire Department. Mr. Tom Terry, 17 Maple Street, noted he is concerned as to where the water would be directed in the future, if more water would be flowing onto his property, and noted concern with snow removal. Mr. Petrozzi noted the roadway pavement is tilted towards his own property and that is where the water will go, the roadway is being plowed now, so it is assumed that it will continue to be plowed. Mr. Petrozzi Hopkinton Conservation Commission 28 July 2020 Page 5 of 6 noted there will be a homeowners association created and there will be the opportunity to work with the current owners adjacent to the property to address any snow plowing issues. It was noted that the O & M plan should note that snow cannot be plowed into the BMP. Mr. McManus noted that roof drywells were proposed to help with improving infiltration. Mr. Petrozzi noted they could incorporate a spreader along Maple Street Extension for further managing the water, but he was asked to adjust the basin so that it would not direct the flow of water towards Maple Street Extension. Mr. Cirello made a motion to close the hearing and issue a negative Determination of Applicability with the standard and noted special conditions for HCC File Number: RDA 2020-3. The motion was seconded by Ms. Recos and a unanimous roll call vote was held. Mr. Ciriello made a motion to close the hearing and issue an Order of Conditions subject to the standard and noted special conditions for HCC File Number: 33. The motion was seconded by Ms. Recos and a unanimous roll call vote was held. Mr. Ciriello made a motion to close the hearing and issue an Order of Conditions subject to the standard and noted special conditions for HCC File Number: 35. The motion was seconded by Ms. Recos with all members voting in favor except Ms. LeBlanc and Mr. Barker-Hook who opposed in a roll call vote. Mr. Ciriello made a motion to close the hearing and issue an Order of Conditions subject to the standard and noted special conditions for HCC File Number: 36. The motion was seconded by Ms. Recos with all members voting in favor except Mr. Barker-Hook who opposed in a roll call vote. Mr. Ciriello made a motion to close the hearing and issue an Order of Conditions subject to the standard and noted special conditions for HCC File Number: 37. The motion was seconded by Ms. Recos with all members voting in favor except Ms. LeBlanc and Mr. Barker-Hook who opposed in a roll call vote. 8:41 PM Commission Business - continued • A discussion was held regarding the renewal request from the Department of Public Works for the town-wide roadways Determination of Applicability (RDA 2004-7). Mr. Ciriello made a motion to approve the issuance of a two year renewal. The motion as seconded by Ms. Recos and a unanimous roll call vote was held. • A discussion was held regarding the renewal request from the Department of Public Works for the town-wide trees Determination of Applicability (RDA 2008-1). Ms. LeBlanc made a motion to approve the issuance of a two year renewal. The motion as seconded by Ms. Recos and a unanimous roll call vote was held. • A discussion was held regarding the project change request for FBC Foxhollow, LLC, Foxhollow Road Subdivision (188-1663). It was noted that the proposal is to remove the existing curbing in front of the gravel parking area for access to the open space parcel owned by the Sudbury Valley Trustees and replace it with a paved apron similar to the existing driveways. Mr. Steve Frohbieter, Hopkinton Area Land Trust (HALT), noted that HALT holds the conservation restriction on the open space parcel. Mr. Frohbieter noted there is a 3 car parking area and the apron should be at least 27 feet long to be able to accommodate 3 cars. It was noted that the roadway apron work would be under the jurisdiction of the Department of Public Works. Mr. Ciriello made a motion to determine the project change to be insignificant. The motion was seconded by Ms. Recos and a unanimous roll call vote was held. Hopkinton Conservation Commission 28 July 2020 Page 6 of 6 • A discussion was held regarding the Request for a 3-year Extension Permit for Orders of Conditions for Haghighi, 19 Stoney Brook Road (188-188-1640). Mr. Ciriello made a motion to issue a 3-year Extension Permit for Orders of Conditions. The motion was seconded by Mr. Barker-Hook and a unanimous roll call vote was held. • A discussion was held about signing the final conservation restriction (CR) for Aho, 42-44 West Elm Street (188-1597). The Commission determined to sign the CR. • A discussion was held regarding the Forest Cutting Plan (FCP) for 147 Lumber Street received on 14 July 2020 and whether the Order of Conditions (OOC) (188-1636) holds precedent over the exemption for FCP per the wetland laws. It was noted that any change in land-use would negate the forest cutting plan exemption; that the area must remain a forest. It was noted the parcel Off Teresa Road (R30 20 0) was not subject to the OOC and that the FCP received on 19 December 2016 was part of the cumulative review for the Notice of Intent application (188-1636). A discussion was held regarding the exemption for a FCP under the Act and the Bylaw. It was noted that the Planning Board (Board) approved the vegetation screening. It was noted the area for harvesting is beyond the limit of work approved for the solar project by the Commission and does not include the cutting of the vegetation screening approved by the Board. Ms. Chris Hagberg, 22 Alexander Road, noted the big issue with the solar project was that screening by vegetation was agreed upon. She noted all the existing trees are helping to screen the solar panels that are located uphill from them. She noted the screening was promised to the neighborhood and they were told that the trees could not be cut because of the wetlands. She noted they have been experiencing additional drainage coming down the hill. Mr. Brian Hagberg, 22 Alexander Road, noted they did not know that cutting trees within the wetlands was an exempt activity. It was noted that FCP do allow for tree cutting within wetlands but the subject forest cutting plan is not proposing any tree harvesting within the wetland, only tree harvesting within the buffer zone and some tree clearing within the wetland to provide access for the harvesting activity. A discussion was held whether the entire area can be clear cut and it was noted that any forest cutting plan would need to meet the specifications as regulated by the Massachusetts Department of Conservation and Recreation. The Commission noted concerns whether the FCP would violate condition numbers 77 and 78 of the OOC (188-1636). The Commission determined to contact the property owner on the matter and to seek a legal opinion from Town Counsel. • It was noted that DiPrete Engineering, 146 East Main Street (188-1009)(188-1565) withdrew the request for an informal discussion. Adjourned: 9:27 PM