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
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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
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• 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
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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
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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
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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.
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• 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