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HomeMy Public PortalAbout20211104 - Open Space Preservation Committee - Meeting MinutesTOWN OF HOPKINTON OPEN SPACE PRESERVATION COMMISSION 18 MAIN STREET HOPKINTON, MA 01748 (508) 497-9755 Open Space Preservation Commission 4, November 2021 Page 1 of 6 DRAFT Minutes of Meeting: 4, November 2021 Present: Nancy Peters, Steven Levandosky, Ed Harrow, Jane Moran Guests: Jane and Kerry Leslaur, Morrie Gasser Absent: Brendan Tedstone 7:02PM OSPC CALL TO ORDER: Mr. Harrow called the meeting to order at 7:02PM Survey of Cameron Woods/Town Forest Boundary Mr. Harrow reported that he had reached out to the Marquedants about a quote for surveying work at Cameron Woods/Town Forest and hasn’t received anything yet. Mr. Gasser explained that the town forest area could use some additional pins. To which Mr. Harrow explained he had only inquired about Cameron Woods presently. It was discussed that Mr. Levandosky would provide more information about where in the town forest needed surveying work. Mr. Levandosky reported that John Ritz reported flooding (due to beavers) in the town forest. He explained that he had visited the location and noticed there was some activity. The water was not completely blocking the trail but it was getting close; something would need to be done if the trail was to remain open. Ms. Moran inquired if there could be a trail built above that would bypass the area, to which Mr. Levandosky explained that he would need to take a look. Ms. Peters explained that she was opposed to killing beavers. Mr. Gasser explained that the beavers reach a natural capacity and their numbers level off. Mr. Levandosky reported that he was unsure if the trail could be rerouted as the trail would need to be built down hill as heading further uphill would be into water. Ms. Moran inquired if it was part of a connecting trail, and if a sign that reports of beaver activity would help divert traffic. Mr. Levandosky explained that where the beavers were located was at a spur trail near Phipps land and the Town Forest. He inquired about requirements for removing the dam, to which Ms. Moran reported that the town can authorize trappers through the Board of Health. Mr. Levandosky added that for the time being the situation could be monitored as there might be a potential to create a new bridge. Ms. Moran inquired if the site would benefit from a site walk. Ms. Peters commented that she would be in favor of building a new bridge that could go around the location of the beavers. Open Space Preservation Commission 4, November 2021 Page 2 of 6 Incursion on Sylvan/Winter Mr. Harrow explained that the events that took place at 4 Sylvan Way were before his time. He presented a timeline of events from a move in date in 2007, to work that was started in 2009 which got the attention of the town. In 2013 there was a problem with diseased trees, which the acting tree warden Paul Gleeson noted the problem was a consequence of land clearing from the nearby subdivision. In 2020 Mr. Gasser walked the property and discovered the encroachment; Letters were sent to the property owners. Mr. Harrow reported that he spoke with John Coolidge, and indicated that the boundary lines Mr. Coolidge pointed out were different from the ones Mr. Gasser believed them to be. Ms. Peters reported that she was at the previous meetings and to her recollection it was the scrapping of the exposed roots that caused the issue with the diseased trees. Ms. Peters believes the OSPC attempted to guide and help with suggestions for planting mountain laurel, which was to be planted in the disturbed area. Ms. Lesslauer explained that the mountain laurels were not planted, however they have allowed the area to grow naturally. Ms Peters questioned if there was an irrigation system in the Open Space land; to which Ms. Lesslauer explained that there was, however they were going off of the plan provided by Mr. Coolidge that they believed to be theirs. Ms. Lesslauer explained that the plantings didn’t happen because of the need for the tree removal. She continued to explain that the company they used for lawn maintenance was responsible for cutting the lawn. There was a sugar maple planted and the area they believed shouldn’t be maintained was staked. Ms. Lesslauer explained that she was working with the town and hadn’t realized they were encroaching. Ms. Lesslauer added additional information about plantings and explained that they have paid to have the land maintained for the past twelve years. Mr. Gasser explained the problem was Mr. Coolidge is not a licensed surveyor and was wrong. Mr. Levandosky questioned if since receiving the survey everyone was in agreement about the boundary line. Ms. Lesslauer believed it to be crooked, to which Mr. Gasser explained that the surveyor Marquadant was able to find the pins to determine the boundary line. It was explained that the land has a conservation restriction on it and the presence of the lawn is in violation of the CR. Ms. Lesslauer inquired if the town would reimburse for the tree that was planted. Ms. Moran agreed that the Lesslauers acted in good faith, to which Ms. Peters commented if the Lesslauers were going on good faith they would have planted what was discussed. Ms. Lesslauer explained that they planted a line of blueberry bushes, wild bushes, a birch and pine tree. It was discussed that in 2013 the Lesslauers paid $4000 to have trees removed, that with the new survey was town land. Ms. Moran mentioned that the town was having a problem with bittersweet. It needs to be mowed, is there a way that we can have the owners mow the area since it would keep the bittersweet/poison ivy under control. Mr. Gasser explained there is a difference between mowing and maintaining as lawn. Ms. Lesslauer explained that there is bittersweet Open Space Preservation Commission 4, November 2021 Page 3 of 6 where the trees were removed. Ms. Moran questioned if we could request a weed management document from the owners, the owners would agree to mow to keep the bittersweet at bay. It was discussed that the area would require mowing 2-3 times a year, which Mr. Gasser explained could be ammenicable. Ms. Lesslauer commented that if the Commission visited the property they would in fact find bittersweet and poison ivy. Ms. Moran clarified that there would be no additional grass plantings or fertilizer used. Mr. Harrow expressed concern that if there wasn’t a clear line the company responsible for the maintaining of the lawn it would get disturbed again. Mr. Levandosky inquired if there was a way that Open Space could do some plantings to form a natural boundary. The Commission spoke about what potential plantings would be a good fit for a natural boundary. Ms. Lesslauer was adamant that she didn’t believe they should be responsible for the out of pocket expense for additional plantings. Mr. Levandosky suggested that the Commission could pay for the plantings. There was a discussion about removal of poison ivy and 2-3 times a year mowing. Mr. Doherty suggested several shade species: periwinkle, pachysandra, myrtle vinca minor. The myrtle vinca minor Mr. Gasser explained is viewed by many to be an invasive as it doesn’t allow anything else to grow. Mr. Harrow was adamant that he wanted to work with the property owners to find something they would find acceptable. He noted the fault inadvertently lies with the Open Space Preservation Commission. Mr. Levandosky explained that at some point the Commission will need to discuss the cost. There was a discussion about holding a site walk, Mr. Gasser explained that if there was irrigation in the Open Space land it would be a violation of the CR and it would need to be capped. The Commission thanked the Lesslauers for attending the meeting. Suggestions were: Vinca Minor, Pachysandra, Shade Perennials: Monarda,Bee Balm, Bleeding Heart, Hosta 61 Winter Street - Mr. Harrow explained that he rewalked the property on the first of the month and the encroachments that were pointed out have not been addressed. In fact there are additional encroachments at the property. Mr. Harrow shared some images of the encroachments. It was suggested that a second letter be written to the property owner, and that the Town Manager be copied on the letter. The property owner was present at the site walk, and was informed of the encroachments. Mr. Levandosky questioned if there was a request with a certain time to be completed by; to which Mr. Gasser explained there had not, however he would have expected it to have gotten better not worse. Ms. Moran inquired if there was a fine per day, where are the teeth with the encroachment order. Mr. Harrow explained that the Building Inspectors had been out to the site and seemed to make light of the encroachment. Mr. Harrow expressed the hope that with an additional encroachment letter it would carry more weight on the Building Department. Mr. Harrow explained that there was a dead tree within striking distance of the Open Space Preservation Commission 4, November 2021 Page 4 of 6 house, John Westerling confirmed that the tree was dead. Mr Harrow got a quote from Joe Regan to drop the tree in one piece and remove the tree. Motion to accept the $800 bid to remove the tree was made by Ms. Moran and seconded by Mr. Levandosky. The vote was unanimous. Properties of interest - Mr. Harrow reported he’s heard nothing directly from Town Manager Norman Khumalo. The Mcdonough property located at 0 Spring Street is being promoted through CPC as it is actively on the market. Mr. Harrow reported that it has been suggested that the OSPC make a list prioritizing the list of property requests. Mr. Harrow explained in an email to Mr. Khumalo, he suggested two properties: Bruce Issadore and the Creedan property which are severely behind in taxes and might be easier to acquire. He explained that Christine Barry, Representative of DCR showed support in both properties as they were near State land. Ms. Peters inquired if there were grants available, to which Ms. Moran suggested CPC. Mr. Levandosky explained that the CPC currently had roughly one million in Open Space Preservation and additional funds available in undesignated funds. There are no updates on the Maspenock properties at this time. Mr. Harrow explained that there has been no connections made for either the Conroy or the Spengler property. Mr. Levandosky suggested talking to either the assessor’s office or the tax collector in regards to properties that owe taxes. It was discussed that both the Creedan and Issadore property were in collections currently. The Commission spoke about emailing tax collector Chris Heymanns to let the town know that the properties were of interest to the Open Space Preservation Commission. The Commission would be interested in acquiring the properties either through back taxes or through a sale. Mr. Harrow explained that he believed that the Isadore property might be negotiated as a sale. The Commission spoke about a time the property was offered to HALT, however at the time either HALT was uninterested or didn’t have the funds to purchase. Ms. Moran speaking to Mr. Gasser requested that any properties offered to HALT as a purchase be passed along to the Open Space Preservation Commission if they are unable to purchase. Ms. Peters inquired as to why HALT didn’t purchase the property at the time, to which Mr. Gasser explained it wasn’t contiguous with existing HALT property and at the time it didn’t occur to the group to pass along the information. Mr. Levandosky suggested it might be better to approach the homeowner for the purchase of the Isadore property vs going through a foreclosure process. Mr. Harrow would like it known to the Town that the Commission was interested in that property as well as in the area. Motion to write a letter to Chris Heymanns to discuss these two parcels of land, as well as other parcels of interest was made by Ms. Moran and seconded by Ms. Peters. Open Space Preservation Commission 4, November 2021 Page 5 of 6 The Commission inquired if there was a process within the town that would notify the OSPC if there was a piece of land being taken because of back taxes. Ms. Peters gave an example of getting the Board of Health involved with building permits when septic was involved. Whitehall Conservation Area - Mr. Harrow explained he was at Whitehall two weeks prior with Chuck Dauchy, Michael Boelsen, Brian Morrison and Nancy Peters. He discussed the clean up for an Arborviety that had fallen over Sign Updates - Mr. Harrow presented additional quotes for signage, explaining that the previous request of $500 wasn’t enough since the estimate is for $600. He explained $895 additional was needed. Motion to spend up to but not exceeding $1200 for signage was made by Ms. Moran, the motion was seconded by Mr. Levandosky. The vote was unanimous. The Commission spoke about reaching out to Paul Mastroianni about a trail head sign for the property that would be turned over to the Town. There was a suggestion to reach out to Peter LaGoy to see if he has been working with Mr. Mastroianni in regards to the trail head sign. It was suggested by Mr. Gasser to have Mr. Mastroianni place corner pins, and to get involved with the construction. Ms. Peters questioned if the property would be under the care of the Open Space Preservation Commission, to which Ms. Moran explained that all the gifts of land needed to be accepted by the Select Board. There was a discussion about the property in question not being in the OSLPD overlay. OSRP Advisory Committee - Mr. Harrow reports no updates, he explains that he met with Mr. Gelcich and Ms. Soares. It was his understanding that Mr. Gelcich was going to send out a memo to all the attendees as to when there would be a next meeting. Mr. Levandosky expressed his interest in being a part of the advisory committee. He inquired what the meetings would look like and a potential timeline of completion. Meeting Minutes - Pg 1 last paragraph - pronoun she not he on paragraph OSPR sentence doesn’t end… when we talk about CPC projects the Ospc budget motion to spend up to not exceed Remove Cameron Woods Bridges located on town owned open space - the bridges are anywhere OSPC owned Motion to approve the October 7, 2021 meeting minutes as amended was made by Mr. Levandosky, seconded by Ms. Peters. The motion carries with Ms. Moran abstaining. Open Space Preservation Commission 4, November 2021 Page 6 of 6 Motion to adjourn was made by Ms. Peters and seconded by Ms. Moran. The vote was unanimous. Approved by Commission January 6, 2022 Document List Documents Location Open Space Preservation Commission Agenda November 4, 2021 Web Meeting Calendar ** All material listed posted on Web Calendar are also available in OSPC Files