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HomeMy Public PortalAbout20201020 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission 20 October 2020 Page 1 of 5 20 October 2020 Called to Order: 6:30 PM Remote Meeting – Zoom Adjourned: 8:58 PM Members Present: Ted Barker-Hook, Jeffrey Barnes, James Ciriello, Ed Harrow, Janine LeBlanc, Kerry Reed, Matt Varrell: Lucas Environmental, Don MacAdam: Conservation Administrator, Anna Rogers: Inspections Administrative Assistant Members Absent: Melissa Recos 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 Ms. LeBlanc arrived at this time. • A discussion was held with Ms. Ann Karnofsky, 132 East Main Street. Ms. Karnofsky requested that the Commission have the gas utility company remove the existing underground undersized gas line when they install the larger diameter replacement gas line within the easement, as the Town of Ashland required. The Commission noted the request will be taken under advisement, that the public hearing for the project has closed, an Order of Conditions (188-1670) has been issued, and that the Town of Ashland decision is under appeal. Hopkinton Conservation Commission 20 October 2020 Page 2 of 5 6:45 PM Chirco, 147 Lumber Street RDA 2020-10 Request for Determination of Applicability Ben Chirco, applicant/owner Mr. Chirco provided an overview of the Request for Determination of Applicability application and Forest Cutting Plans (FCP) for his property. A discussion was held on whether the proposed tree harvesting would be counter to the ongoing conditions per the Order of Conditions (OOC) and Certificate of Compliance (COC) (188-1636) subject to the property. A discussion was held about the ongoing conditions regarding no further disturbance beyond the permanent immovable barrier (PIB). The Commission noted that they believe the proposed tree harvesting activity would constitute a disturbance beyond the PIB and within the permanent areas of no disturbance and thereby not allowable per the ongoing conditions. It was noted that a portion of the tree harvesting is proposed on a parcel not subject to the ongoing conditions of the OOC and COC. Ms. Reed joined the meeting at this time. A discussion was held about the exemption for FCP under the state & town wetland laws. It was noted that MassDCR is the authority that approves FCP. The Commission noted that they believe given the exemption for FCP under the state & town wetlands laws and the ongoing conditions of the OOC and COC, the ongoing conditions shall control. Mr. Dana Hall, 62 Teresa Road, noted he believes that the OOC and COC set aside a permanent buffer zone and that no disturbance should be allowed beyond the PIB. A discussion was held about how the FCP requires access to the parcel outside the purview of the ongoing conditions under the OOC and COC through the parcel subject to the ongoing conditions. Mr. Chirco noted he does not know how he could access the parcel outside the purview of the ongoing conditions without going through the parcel subject to the ongoing conditions. Ms. LeBlanc made a motion to close the hearing and issue a positive Determination of Applicability with a finding of fact. The motion was seconded by Mr. Harrow with all members voting in favor, except Ms. Reed who abstained, in a roll call vote. The Commission determined to electronically sign a signature page for the Determination of Applicability. 7:12 PM Claro, 0 Hayden Rowe RDA 2020-9 Request for Determination of Applicability - continuation The application was withdrawn. 7:12 PM Crosby, 407 Wood Street RDA 2020-11 Request for Determination of Applicability - continuation Rob Truax, GLM Engineering Mr. Truax provided an overview of the Request for Determination of Applicability application and site plans dated 24 August 2020. A discussion was held about replacing the failed septic system with a Title V septic system. A discussion was held about the Lucas Environmental memo dated 14 October 2020. Hopkinton Conservation Commission 20 October 2020 Page 3 of 5 Ms. Reed 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 Mr. Barker-Hook and a unanimous roll call vote was held. The Commission determined to electronically sign a signature page for the Determination of Applicability. 7:17 PM DeWolfe, 28 Lumber Street DEP File No. 188-1706 Abbreviated Notice of Resource Area Delineation - continuation The applicant requested a continuation to 10 November 2020. 7:18 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 site plans, sheets 1, 8 through 11, of 22, dated 11 December 2017 with a final revision date of 20 October 2020, and the stormwater operation & maintenance plan with a revised date of 20 October 2020. A discussion was held about the BETA Group memo dated 14 October 2020. A discussion was held about the Bohler Engineering response letter dated 20 October 2020. A discussion was held about how currently would be an opportune time to perform the Whalen Road wetland crossing work. Mr. Goddard noted that work has begun on the replication area, they are monitoring the site for compliance, and concurred that currently would be a good window of opportunity to perform the wetland crossing work. Mr. Barker-Hook made a motion to close the hearing and issue a second Amended Order of Conditions, subject to receipt of BETA’s pending final comments, with the standard and noted special conditions. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. The Commission determined to electronically sign a signature page for the second Amended Order of Conditions. 7:26 PM Spiegel, 24 Downey Street DEP File No. 188-1713 Notice of Intent - continuation Chris Anderson, Hannigan Engineering; Jonathan Spiegel, applicant/owner Mr. Anderson provided an overview of the site plans dated 28 August 2020 with a final revision date of 19 October 2020. Mr. Anderson noted the drywell system and that the neighbor is amenable to adding additional rip rap if it is needed at the outlet of the drainage pipe. Mr. Spiegel noted the town has inspected the drain line and did not find any issues, that his arborist inspected the trees and that the majority of them had health issues. The Commission noted that the trees should be replaced with native understory trees. A discussion was held about whether the size of the dock was identified accurately on the plan. It was noted a portion is a seasonal dock and that had been removed prior to the plan being revised. A discussion was held about the live staking along the bank. It was noted that the stakes should be between 1-2 foot on center, and not 3-5 foot on center. Hopkinton Conservation Commission 20 October 2020 Page 4 of 5 Mr. Barker-Hook 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. Reed and all members voted in favor except Mr. Harrow who opposed in a roll call vote. The Commission determined to electronically sign a signature page for the Order of Conditions. 7:37 PM Commission Business - continued • The Commission signed and reviewed the following documents: - Smithson, 2 Aikens Road – Determination of Applicability (2020-8) - Petrozzi, 0 Old Town Road – Order of Resource Area Delineation (188-1715) • Mr. Barker-Hook made a motion to approve the draft minutes of 28 July 2020. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. • A discussion was held with Mr. Ed Hutchinson, TetraTech, regarding a project change request for MassDOT, I-495/I-90 (188-1674). Mr. Hutchinson noted they need to perform sediment sampling within three areas of the proposed dredging, that there will be no vegetation clearing, and that it will be performed with hand operated equipment. Mr. Harrow made a motion to determine the proposed activity to be an insignificant project change. The motion was seconded by Ms. Reed and a unanimous roll call vote was held. • A discussion was held with Mr. Brian Waterman, Waterman Design Associates, regarding a project request for Brendon Properties, 20 Saddle Hill Road (188-1687). Mr. Waterman provided an overview of a project change plan dated 09 September 2019 with a final draft revision date of 13 October 2020. Mr. Waterman noted they were able to remove the driveway turnout out from the buffer zone, remove the retaining wall, and are proposing restoration plantings to enhance the buffer zone where previous clearing had occurred. Mr. Barker-Hook made a motion to determine the proposed activity to be an insignificant project change subject to the submission of a revised plan. The motion was seconded by Mr. Harrow and a unanimous roll call vote was held. • A discussion was held with Mr. Ben Chirco, regarding a project change request for 21 Stoney Brook Road (188-1641). Mr. Chirco provided an overview of a project change sketch, submitted on 09 October 2020, which identified changes to the deck and for the size and location of the stone wall. A discussion was held about the need for a permanent immovable barrier of either boulders or sign medallions to be installed along the rest of the limit of work. Ms. LeBlanc made a motion to determine the proposed activity to be an insignificant project change. The motion was seconded by Ms. Reed and a unanimous roll call vote was held. • A discussion was held with Mr. Mo Haghighi, regarding a project change request for 19 Stoney Brook Road (188-1640). Mr. Haghighi provided an overview of project change plans dated 14 October 2017 with a final revision date of 12 October 2020. A discussion was held about the proposed changes to the house footprint. Mr. Harrow made a motion to determine the proposed activity to be an insignificant project change. The motion was seconded by Ms. Reed and a unanimous roll call vote was held. Hopkinton Conservation Commission 20 October 2020 Page 5 of 5 • A discussion was held with Mr. Rens Hayes, regarding a project change request for 16 Downey Street (188-1701). Mr. Hayes provided an overview of a project change sketch, submitted on 19 October 2020, which identified extending a wall to the rear of the shed, and installing a new stone retaining wall and stairway along the Bank of the lake. A discussion was held about the proposed impacts the construction of a retaining wall would have to the Bank resource and the natural vegetated buffer zone areas. The Commission noted that such proposed disturbance would need a wildlife habitat review. The Commission determined the proposed stone retaining wall and stairs along the Bank of the lake would be a significant impact to resource areas. The Commission noted the proposed extension of a wall behind the shed would qualify as an insignificant project change. Ms. LeBlanc made a motion determine that only the wall behind the shed to be an insignificant project change. The motion was seconded by Mr. Barker-Hook and a unanimous roll call vote was held. • An informal discussion was held with Mr. Brian Gassett, regarding 114 Pond Street. Mr. Gassett provided an overview of a site plan dated 14 October 2020. Mr. Gassett identified five trees that are located within the 100-foot buffer zone subject to a resource area on the parcel located across the street. Mr. Gassett noted that he would like to cut, remove and replace the trees with smaller understory native trees. Mr. Gassett noted he has already submitted a Request for Determination of Applicability (RDA) application to have the activity reviewed but is pressed for time to install the house foundation outside the Commission’s jurisdiction. A discussion was held about whether the house could be moved to avoid the proposed activity in the buffer zone. Mr. Gassett noted the septic system constrains the location of the house and the trees need to be removed subject to impeding safe sight lines for accessing the street from the driveway. The Commission determined the tree removal activity could be reviewed after-the-fact per the RDA application on record. • A discussion was held regarding the supplemental information submitted for review by Corporate Environmental Advisors, subject to the Emergency Certification for 5 Woody Island Road. A discussion was held regarding the Immediate Response Action Plan. It was noted that structural work is needed to lift the house in order to be able to remove the contaminated soil from underneath the house. The Commission noted that the issuance of a friendly Enforcement Restoration Order with regular reporting would be sufficient in allowing the restoration work to continue for protecting the lake. • A discussion was held about the project change supplemental information submitted on 16 October 2020 for Lui, 109 Winter Street (188-1625). The Commission noted they were amenable with the removal of the unsound trees and requested the Conservation Administrator to review the revised information onsite. • Mr. Harrow provided an overview of signage that was posted by either the Hopkinton Area Land Trust or the Trails Club on a parcel managed by the Commission, 0 Pond Street (R22 24 0) to clarify where hunting was and was not permitted in relation to accessing the abutting open space parcels. • The Commission discussed changing the start times of future meetings. The Commission determined future meetings will start at 7:00 PM and run until 9:30 PM. Adjourn: 8:58 PM