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HomeMy Public PortalAbout20201006 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission 06 October 2020 Page 1 of 6 06 October 2020 Called to Order: 6:30 PM Remote Meeting – Zoom Adjourned: 9:26 PM Members Present: Ted Barker-Hook, Jeffrey Barnes, James 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 – not present, Mr. Ciriello – present, Mr. Barker-Hook – present, Mr. Harrow – present, Ms. LeBlanc – not present, Ms. Reed – not present, Mr. Barnes – present • A Roll Call was held for staff: Mr. MacAdam – present, Ms. Rogers – present, Mr. Varrell – present • The Commission determined to sign the Determination of Applicability for Warde, 15 Huckleberry Road (2020-7). Ms. LeBlanc and Ms. Recos joined the meeting at this time. • A discussion was held with Mr. Anthony Coletti about the Request for Certificate of Compliance application, 31 Stoney Brook Road (188-1619). A discussion was held about the Lucas Environmental memo dated 01 October 2020. A discussion was held about the inaccurate placement of the Permanent Immovable Barrier (PIB). It was noted that the plan legend does not identify or explain the PIB. The Commission determined to issue a Certificate of Compliance, subject to the submission of a suitable revised as-built plan identifying the corrected location of the PIB onsite. Hopkinton Conservation Commission 06 October 2020 Page 2 of 6 • A discussion was held about the Request for Certificate of Compliance application for Haghighi, 30 Stoney Brook Road (188-1618). A discussion was held about the Lucas Environmental memo dated 01 October 2020. It was noted there are 3 existing discharge pipes whereas the approved plan only proposed 1 discharge pipe. It was noted the Permanent Immovable Barrier (PIB) is not referenced on the plan legend. The Commission determined to issue a Certificate of Compliance, subject to the submission of a suitable revised as-built plan identifying the PIB and the source of the 3 discharge pipes. 6:48 PM Abbott Realty Trust, HCC-41 25 Parcels on Adams Street, Fitch Avenue, Myrtle Avenue Notice of Intent - continuation The applicant requested a continuation to 10 November 2020. 6:48 PM Morrison, 1 Piazza Lane RDA 2020-5 Request for Determination of Applicability - continuation The applicant requested a continuation to 10 November 2020. 6:49 PM REC Hopkinton LLC, DEP File No. 188-1648 0 Chamberlain Street (R24 1 0), 0 Whalen Road (R23 83 0) 2nd Amended Notice of Intent John Kucich, Bohler Engineering; Scott Goddard, Goddard Consulting Mr. Kucich provided an overview of the Amended Notice of Intent application and site plans dated 11 December 2017 with a final revision date of 25 August 2020. Mr. Kucich noted the applicant originally proposed 19 lots within the Commission’s jurisdiction and they have reduced the amount to 13 lots. He noted that Whalen Road was realigned, the stormwater basins were reconfigured, which helped in reorienting some of the houses further outside the buffer zone, and reduce the total amount of lots down to 29. He noted they worked with the DPW and they will be allowed to access town sewer & town water which allows more flexibility for siting the houses on the lots. It was noted that BETA Group needs to perform a peer engineering review of the project. A discussion was held about the Lucas Environmental memo dated 31 August 2020. It was noted that the limit of work is not shown on the lots and there should be a cumulative buffer zone disturbance plan created. Mr. Kucich noted the sewer will be a force main with E1 pumps that will hang under the emergency roadway bridge. Ms. Reed joined the meeting at this time. Mr. Goddard provided an overview of the cumulative analysis. The hearing was continued to 20 October 2020. 7:13 PM Spiegel, 24 Downey Street DEP File No. 188-1713 Notice of Intent Jonathan Spiegel, applicant/owner; Chris Anderson, Hanigan Engineering Hopkinton Conservation Commission 06 October 2020 Page 3 of 6 Mr. Anderson provided an overview of the Notice of Intent application and site plans dated 28 August 2020. A discussion was held regarding the existing single family house that will be razed and replaced. A discussion was held about the status of the trees proposed to be removed. A discussion was held about replacing the paver walkway system, and repairing the masonry wall along the lake. The Commission noted that steep lake lots like this have drainage concerns from the roadway. Mr. Anderson noted there is an existing catch basin on the street that has an underground culvert running through the property. A discussion was held about the Lucas Environmental memo dated 01 October 2020. It was noted that the existing dock appears larger than is identified on the plan, the retaining wall by the lake is in need of maintenance, the outlet of the underground drainage culvert is actively eroding, no infiltration of roof runoff is currently proposed, and more detail should be provided for the proposed live staking. A discussion was held regarding the age and operational status of the existing drainage culvert and concern about the potential for damaging it during site construction. Mr. Anderson noted that he will contact the DPW on the status of the drainage pipe and special consideration will be utilized to ensure the culvert is not damaged during construction. A further discussion was held about the status of the trees proposed to be removed. The Commission requested an arborist report be provided on the current status of the trees. The Commission requested that an analysis of the pre and post amount of impervious surface area within the buffer zone be provided. Mr. Anderson noted that information can be provided. A discussion was held about whether the lawn extends down to the lake and Mr. Spiegel noted that it does and that there is both grass and crushed stone behind the retaining wall. The Commission noted a design for infiltrating the roof runoff should be provided for review and an inspection the drainage line should be performed prior to the issuance of any Certificate of Compliance. The Commission noted that the applicant should be advised that there is a lot of groundwater intrusion along Downey Street. The hearing was continued to 20 October 2020. 7:34 PM Smithson, 2 Aikens Road RDA 2020-8 Request for Determination of Applicability Curtis Smithson, applicant/owner Mr. Smithson provided an overview of the Request for Determination of Applicability application and site plans dated 28 August 2020 with a final revision date of 05 October 2020. He noted all the proposed work is located within the existing lawn area. A discussion was held about the Lucas Environmental memo dated 05 October 2020. Mr. Barker-Hook made a motion to close the hearing and issue a Negative Determination of Applicability with the standard and noted special conditions. The motion was seconded by Ms. Recos and a unanimous roll call vote was held. The Commission approved the signing of a signature page for the issuance of a Determination of Applicability. Hopkinton Conservation Commission 06 October 2020 Page 4 of 6 7:41 PM Claro, 0 Hayden Rowe RDA 2020-9 Request for Determination of Applicability The hearing was legally opened and continued to 20 October 2020. 7:42 PM Crosby, 407 Wood Street RDA 2020-11 Request for Determination of Applicability The hearing was legally opened and continued to 20 October 2020. 7:43 PM Valis, 76 Pine Island Road DEP File No. 188-1714 Notice of Intent - continuation James Valis, applicant/owner; Bill Halsing, Land Planning, Inc. Mr. Halsing provided an overview of the site plan dated 06 July 2020 with a final revision date of 24 September 2020, and the irrigation plan dated 24 September 2020. The Conservation Staff noted that the revised information was received earlier today and they have not had adequate time to review it. The Commission reviewed written comments dated 05 October 2020 and photos received from an abutter on 05 October 2020 and 06 October 2020. Mr. Malcolm Page, 74 Pine Island Road, noted concerns he has regarding the location of the docks within the lake. The Commission noted the property owners do not own the lake and assumed that Mr. Page would need to convey his concerns about the location of the docks within the lake to MassDEP per their jurisdiction subject to Chapter 91. Mr. Page noted the applicant installed a sand beach. Mr. Valis noted the beach did not get any larger. A discussion was held about whether any new sand was deposited on top of the Land Under Water & Waterways (LUWW). Mr. Valis noted that some sand was deposited in the LUWW. The Commission noted the sand would need to be removed during the seasonal draw down when the LUWW area would be more exposed and a barrier would need to be installed beyond the LUWW and Bank to prevent any sand within the buffer zone from eroding into the lake. The hearing was continued to 10 November 2020. Mr. Harrow left the meeting at this time. 8:03 PM Wall Street Development, 0 Old Town Road DEP File No. 188-1715 Abbreviated Notice of Resource Area Delineation – continuation Arthur Allen, EcoTec; Lou Petrozzi, applicant Ms. Reed recused herself from the meeting. Mr. Allen provided an overview of the resource plan dated 11 August 2020 with a final revision date of 01 October 2020. A discussion was held about the revisions to the plan. Ms. Laura Snelgrove, 31 Knoll Road, noted a river flows from that property down to Lake Maspenock, noted concerns with the siting of any future septic systems, and noted that northern red-bellied cooter turtles nest on the site. Ms. Snelgrove inquired about how the site will be developed to protect the wetlands. Hopkinton Conservation Commission 06 October 2020 Page 5 of 6 The Commission noted the application is only to confirm the extent of wetland resource areas on the subject parcel and that no potential development on the site is identified or being reviewed. It was noted that if there are any rare species utilizing the site then the submission of documentation would be informational. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Resource Area Delineation. The motion was seconded by Mr. Recos and was passed unanimously in a roll call vote. Ms. Reed rejoined the meeting at this time. 8:11 PM DeWolfe, 28 Lumber Street DEP File No. 188-1706 Abbreviated Notice of Resource Area Delineation - continuation The applicant requested a continuation to 20 October 2020. 8:12 PM Commission Business - continued • The Commission reviewed the Request for Certificate of Compliance application for Benyam, 1 Whitman Lane (188-916). A discussion was held about the Lucas Environmental memo dated 01 October 2020. It was noted that the permanent immovable barrier is not present on-site and would need to be shown on the plan. It was noted to notify the applicant on the deficiency of information. • Ms. Recos made a motion to approve the draft minutes of 26 May 2020, 09 June 2020, 14 July 2020, and 11 August 2020. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. • The Commission reviewed the exemption request for Parras, 68 South Mill Street (188-038) for tree removal and replacement. The Commission determined the proposed activity qualified as an exempt activity. • A discussion was held with Mr. Harpreet Singh, 42 Greenwood Road regarding recent and past site activity (188-983). Mr. Barnes recused himself from the discussion and Ms. Recos chaired the discussion. A discussion was held regarding the potential past encroachment of boulders and fill onto the abutting open space parcel (0 Greenwood Road (R7 4 BB)) owned by the Hopkinton Area Land Trust (HALT) and within wetland resource areas by a previous owner; and the recent removal of trees and vegetation by Mr. Singh. Mr. Singh noted he was unaware of any potential wetlands on his property since there was no such reference on his deed. Mr. Singh provided an overview of the wetland delineation report, dated 02 October 2020, by his consultant that concluded there were no wetland resource areas on his property based on the federal definition. Mr. Chuck Dauchy, HALT, noted that HALT would want any area of HALT’s property restored and will defer to the Commission about the potential for restoring any wetland resource areas. The Commission requested that the wetland delineation report be revised to include the state and town bylaw definitions and that the Conservation Staff peer review the revised report. The Commission noted that no further site activity should occur until further review and the site should be adequately stabilized. Mr. Singh noted he will have the report revised and has installed an erosion control barrier. Ms. Lesley Ficarri, Home Owners Association President, noted if no wetlands are found, would the Commission still be concerned about any erosion issues subject to the downgradient stormwater basin. Mr. Dauchy noted HALT has initially discussed property restoration with Mr. Singh, but if is determined to be a wetland Hopkinton Conservation Commission 06 October 2020 Page 6 of 6 violation, then HALT would want to be party to any discussion as to restoration of the HALT parcel. Ms. Kim Mirazimi. 40 Greenwood Road, noted she has resided there for 15 years and there was no roadway or path cut through there before. She noted the retaining wall was hand built and stones were brought in by wheel barrow. The discussion was continued to a future meeting once additional information has been submitted. • A discussion was held with Mr. Pat Flynn, Brendon Properties, and Mr. Brian Waterman, Waterman Design Associates, regarding a project change request for Brendon Properties, 20 Saddle Hill Road (188-1687). Mr. Waterman provided an overview of the draft project change plan dated 09 September 2019 with a final draft revision date of 25 September 2020. A discussion was held regarding the proposed change of location for the driveway due to sightline safety concerns at the roadway and the reorientation of the house footprint and associated grading & retaining wall for the new driveway. A discussion was held about alternatives for locating as much of the relocated driveway outside the buffer zone as possible and providing mitigation such as relocating the permanent immovable barrier further away from the wetlands. The Commission noted that the applicant should receive comments from the Fire Department regarding accessibility for safety vehicles. The discussion was tabled to the next meeting. • A discussion was held with Mr. John Westerling, Hopkinton DPW Director, regarding a request to waive ongoing condition number 52, of the Order of Conditions for DEP File Number: 188-1433, for only for this coming season in order to perform an extended drawdown. A discussion was held about the request to perform an extended drawdown during a drought period. Mr. Barker-Hook made a motion to approve the request to perform an extended eight foot drawdown and waive ongoing condition number 52 only for this particular season. The motion was seconded by Ms. Reed and a unanimous roll call vote was held. • A discussion was held with Mr. Louis Petrozzi, Wall Street Development Corp., regarding a request to waive condition number 44, of the Orders of Conditions for HCC File Numbers: 33, 35, 36, 37. Mr. Lou Petrozzi noted he wants to initiate site construction by installing the erosion control barrier (ECB) and start tree clearing. The Commission noted that site construction can begin after the Planning Board (PB) issues their approval. Mr. Petrozzi noted his rationale as to why condition number 44 was not applicable in this particular instance. The Commission determined condition number 44 was applicable subject to the issuance the PB approval and that the preconstruction meeting and ECB inspection should proceed after Mr. Petrozzi has received the PB approval. • The discussion of recently posted signage on 0 Pond Street (R22 24 0) (Town Forest) was tabled to the next meeting. Adjourn: 9:26 PM