HomeMy Public PortalAbout20201110 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON
CONSERVATION COMMISSION
TOWN HALL 18 MAIN STREET
HOPKINTON, MASSACHUSETTS 01748
Tel: 508-497-9745
Hopkinton Conservation Commission
10 November 2020
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10 November 2020 Called to Order: 7:00 PM
Remote Meeting – Zoom Adjourned: 9:25 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
7:00 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 reviewed documents approved at the 20 October 2020 meeting:
- Chirco, 147 Lumber Street – Determination of Applicability (2020-10)
- Crosby, 407 Wood Street – Determination of Applicability (2020-11)
- REC Hopkinton, 0 Chamberlain Street (R24 1 0), 0 Whalen Road (R23 83 0) – 2nd Amended
Order of Conditions (188-1648)
The Commission noted the new applications submitted for future meetings.
Mr. Barker-Hook made a motion to approve the draft minutes of 25 August 2020. The motion was
seconded by Mr. Harrow and a unanimous roll call vote was held.
Hopkinton Conservation Commission
10 November 2020
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A discussion was held about the recent and past site activity at 42 Greenwood Road (188-983). Mr.
Barnes recused himself from the discussion. The Conservation Staff provided an overview of their
onsite review of the parcel with the property owner on 28 October 2020. It was noted that the area is
challenging to assess due to the disturbance of vegetation and extent of infill. A discussion was held
about having the property owner provide a plan of existing conditions with an overlay of the historic
wetland boundary as a reference point. The Conservation Staff noted that the site should be reviewed
again in the growing season to finalize the peer review of the wetland delineation provided by the
property owner. Mr. Chuck Dauchy, Hopkinton Area Land Trust (HALT), noted he has had
discussions with the property owner, Mr. Harpreet Singh, and the owner has agreed to remove any fill
material from the previously installed access road on the HALT parcel and to stabilize the area. It
was noted that confirmation of any Commission jurisdictional areas can be determined in the spring
and any restoration work could be conditioned during the drier summer season. Mr. Dave Goldman,
HALT, noted that the Commission holds the Conservation Restriction on the subject HALT owned
parcel. The Commission noted that they will request the property owner to provide an existing
conditions plan for review as discussed.
7:26 PM Morrison, 1 Piazza Lane RDA 2020-5
Request for Determination of Applicability - continuation
Brian Waterman, Waterman Design Associates; Brian Morrison, applicant
Mr. Waterman provided an overview of the existing conditions plan dated 16 July 2020 with a final
revision date of 25 September 2020. He noted the wetland delineation has been revised.
The Commission noted the revised plan identifies that there is no jurisdictional area on the portion of the
subject parcel under review. The Commission noted that the site activities associated with the
management of invasive plants is outside the Commission’s purview and would be left to be addressed by
the parties of interest.
Mr. Morrison noted that the area is currently in drought conditions and believes the area where the
invasive plants are being managed is within the Commission’s jurisdiction. Mr. Ciriello provided an
overview of his sight observations of the subject area. A discussion was held regarding the wetland
delineation performed by Waterman Design Associates and the peer wetland delineation review
performed by Lucas Environmental.
Mr. Ciriello made a motion to close the hearing and issue a negative Determination of Applicability. The
motion was seconded by Mr. Barker-Hook and a unanimous roll call vote was held.
Mr. Morrison noted that such a decision by the Commission may lead him to either appealing the decision
to MassDEP or seeking MassDEP to issue an Enforcement Order for ongoing impacts to the lake from
runoff.
Ms. Nancy Peters, 258 Wood Street, noted she is disappointed in the meeting and gained a perception of a
reluctance to allow the Open Space Preservation Commission (OSPC) to participate more fully in the
public hearing. Mr. Harrow noted as the Chair of the OSPC that the conservation restriction on the
subject parcel identifies three, not two, parties, which includes the OSPC, and that the OSPC has reserved
rights to perform such site activities as the OSPC previously undertook.
Hopkinton Conservation Commission
10 November 2020
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7:50 PM Abbott Realty Trust, HCC-41
25 Parcels on Adams Street, Fitch Avenue, Myrtle Avenue
Notice of Intent - continuation
The hearing was continued to 24 November 2020.
7:50 PM DeWolfe, 28 Lumber Street DEP File No. 188-1706
Abbreviated Notice of Resource Area Delineation - continuation
The hearing was continued to 24 November 2020.
7:50 PM Valis, 76 Pine Island Road DEP File No. 188-1714
Notice of Intent - continuation
James Valis, owner/applicant; Bill Halsing, Land Planning
Mr. Halsing provided an overview of the Notice of Intent application and the site plan dated 06 July 2020
with a final revision date of 02 November 2020. Mr. Halsing noted that the sand has been removed from
within the lake area and a curb has been installed to prevent any sand located in the buffer zone from
eroding into the Lake.
A discussion was held regarding the status of the Chapter 91 application for the docks. Mr. Halsing noted
the applicant intends to submit the Chapter 91 application after an Order of Conditions has been issued by
the Commission. A discussion was held about the potential for the curb to limit wildlife access.
Mr. Malcolm Page, 74 Pine Island Road, inquired if the Commission reviews the size and dimensions of
proposed docks. It was noted that the regulation performance standards identify that proposals under
5,000 square feet of disturbance are not presumed to have an impact. The Commission noted that special
conditions subject to Chapter 91 would need to be included under any Order of Conditions.
Ms. Recos made a motion to close the hearing and issue an Order of Conditions subject to the standard
and noted special conditions. The motion was seconded by Ms. Reed with everyone voting in favor
except Mr. Ciriello who abstained in a roll call vote.
8:05 PM 114 Pond Street Realty Trust, 114 Pond Street RDA 2020-12
Request for Determination of Applicability
Brian Gassett, Gassett Building
Mr. Gassett provided an overview of the Request for Determination of Applicability application and the
site plan dated 14 October 2020. A discussion was held regarding the Lucas Environmental memo dated
05 November 2020. Mr. Gassett noted they will be installing an erosion control barrier up-gradient of the
buffer zone to the north of the proposed barn. A discussion was held about yard waste being stockpiled
within the resource areas. The Commission determined to notify the abutters to cease dumping yard
waste.
Mr. Ciriello 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.
Hopkinton Conservation Commission
10 November 2020
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8:12 PM Mastroianni, 0 South Street (R29 7 B) DEP File No. 188-____
Notice of Intent
John Kucich, Bohler Engineering; Scott Goddard, Goddard Consulting; Kathi Sherry, REC Hopkinton
Mr. Goddard provided an overview of the Notice of Intent application and the site plans dated 09
September 2020, and Sheet Number C-301 dated 29 October 2020. Mr. Goddard noted that access is
limited to the site and the adjacent property owner declined to allow the applicant access to the subject
parcel from the existing access on the abutting parcel at 75 South Street.
A discussion was held regarding the proposed crossing of the Bordering Vegetated Wetland (BVW) and
the proposed alteration of the entire Isolated Vegetated Wetland (IVW). A discussion was held about the
proposed mitigation for the alteration of the BVW and IVW. It was noted that BETA Group would be
performing a peer engineering review of the project.
A discussion was held about the subject property previously being held under common ownership by the
abutting property owner at 75 South Street. The Commission noted the denial of the abutting property
owner to grant access to the subject parcel from 75 South Street should be provided in writing. Mr.
Goddard noted that written comments from the abutting property owner will be requested.
A discussion was held about the proposed wetland replication area. A discussion was held about
alternatives for accessing the site. The Commission noted that since most of the site is undisturbed, most
of the project should be located outside the buffer zone. A discussion was held about receiving comments
from the Planning Board and the Fire Department about the proposed access to the parcel.
The hearing was continued to 08 December 2020.
8:38 PM Commission Business – continued
Mr. Harrow left the meeting at this time.
A discussion was held about the request for a minor project exemption for Falconi, 34 Huckleberry
Road (188-1222). The Commission determined the proposed removal of the trees qualified as an
exempt activity subject to the mitigation of planting native understory trees for the live trees.
Mr. Barker-Hook left the meeting at this time.
A discussion was held about the project change request for Highland North Corp., 34 Stoney Brook
Road (188-1622). A discussion was held about the proposed reduction of the house footprint. Ms.
LeBlanc 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.
Mr. Harrow returned to the meeting at this time.
A discussion was held about the request from the Trail Coordination and Management Committee
(TCMC) for the Commission to support a TCMC CPA application to the Community Preservation
Committee to purchase 0 Hayden Rowe (R34 17 C). It was noted that it appeared a majority of the
parcel had wetlands on it. Mr. Ciriello made a motion to support the TCMC CPA application. The
motion was seconded by Ms. Reed and a unanimous roll call vote was held.
Hopkinton Conservation Commission
10 November 2020
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An informal discussion was held with Mr. Chuck Dauchy, TCMC, regarding a proposed Stone Dust
Trail from the existing Center Trail, to Athletic Field 11, to the Chamberlain/Whalen subdivision.
A discussion was held about the request for a minor project exemption for DeWolfe, 47 Oakhurst
Road, regarding the installation of a new retaining within the previously disturbed buffer zone,
maintenance work on an existing retaining wall along the edge of the lake, and the installation of a
new stairway to provide improved access to the lake. The Commission noted further detailed
information should be provided for the stairway to the lake and it would appear to be amenable as a
minor project if the steps of the stairway did not extend beyond the existing wall and did not extend
into the lake.
A discussion was held about the project change request for Lui, 109 Winter Street (188-1625). The
Commission reviewed the Conservation Administrator memo dated 10 November 2020. The
Commission determined to have the Conservation Administrator determine the adequate mitigation
needed for the project change to be insignificant.
A discussion was held about scheduling a future agenda item for any suggestions/modifications about
improving the Commission’s administration procedures.
A discussion was held about scheduling a future agenda item to discuss revising the Bylaw filing fees
subject to the revision of municipal finance laws.
Adjourn: 9:25 PM