HomeMy Public PortalAbout20211013 - Board of Appeals - Meeting MinutesTOWN OF HOPKINTON
OFFICE OF
BOARD OF APPEALS
_____________________________
TOWN HALL
18 MAIN STREET – THIRD FLOOR
HOPKINTON, MASSACHUSETTS 01748-3209
(508) 497-0012
MARK J. HYMAN,Chairman WWW.HOPKINTON.GOV
JOHN COUTINHO, VICE CHAIR & CLERK ZBA@Hopkintonma.gov
Minutes of the
Board of Appeals
Minutes: October 13, 2021 Called to Order: 7:10 PM
Remote Zoom Meeting Adjourned: 8:15 PM
Members Present:Mark Hyman,Chairman;John Coutinho Clerk (7:25pm);John Savignano;Jerry
Tuite; Kevin Baxter
Members Absent:Michael DiMascio; Walter Garland;Ria McNamara
Others Present:Elaine Lazarus, Assistant Town Manager;Adina DePaolo, Administrative Assistant
Mr.Hyman called the name of each Board member,and each responded affirmatively that they were
present and could hear him.Mr.Hyman then called the names of each staff member who responded
affirmatively that they were present and could hear him.Mr.Hyman also called the names of anticipated
speakers on the agenda,Ben Harvey,Steve Richmond,Mark Ceresa,Sam Chapin and Alan Kirschner,
who responded affirmatively.
Mr.Hyman stated that the meeting is being conducted remotely consistent with Governor Baker ’s
Executive Order of March 12,2020 and recently amended and extended,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
stated 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 Board
is convening by video conference via Zoom App as posted on the Town’s web meeting calendar and the
Board’s agenda identifying how the public may join.He noted that the meeting is being recorded and
attendees are participating by video conference.Mr.Hyman stated that all supporting materials that have
been provided to the Board are available on the Town website via the web meeting calendar,unless
otherwise noted.
7:10 PM Administrative Session of the Board of Appeals
Minutes
The Board reviewed the minutes of September 22, 2021. Mr. Tuite moved to adopt the minutes of
September 22, 2021. The motion was seconded and passed 4-0. The votes were: Mr. Hyman: Yes; Mr.
Savignano: Yes; Mr. Tuite: Yes; Mr. Baxter: Yes.
Documents Used:
Draft minutes from September 22, 2021
E.L. Harvey & Sons
Ben Harvey
Steve Richmond - Attorney
Mark Ceresa - Waste Connection
Sam Chapin - Brown & Caldwell
Alan Kirschner - Brown & Caldwell
Mr. Coutinho arrived at 7:25pm
Mr.Hyman stated the Board received a letter that E.L Harvey &Sons was transferring controlling shares
of stock and they have some requirements to meet from the Board of Appeals special permit decision that
the Board would need to approve.Atty.Richmond stated E.L Harvey &Sons holds 3 special permits that
this Board issued.He stated on September 1,2021 the stock was purchased by Waste Connections.He
stated the company still exists and there is very little change.He stated the transfer provision in the
special permit is very unusual.He stated this is the only permit they have seen that has a transfer
provision.He stated the transfer provision contains 5 conditions.He stated it says if they meet those
provisions it says the Board shall authorize the transfer.Mr.Harvey stated they have been courted for
many years.He stated they felt like it was the right thing to do for everybody.He stated there will still be
Harvey family members involved in the day to day operations.He stated the staff will remain the same
and they aren’t doing any changes.He stated they have had a great partnership with the Town of
Hopkinton.He stated they are committed to continue the great partnership they have with the Town of
Hopkinton.Mr.Ceresa gave an introduction to who they are.He stated they are a very large company.
He stated they are extremely excited about this partnership and share every value of the Harvey family.
Atty.Richmond reviewed the 5 conditions.He stated they have met all the conditions.Mr.Chapin stated
the site of the recycling facility was the site of the town’s landfill.He stated it was closed and capped in
the 1980’s.He stated that is what produces the need for environmental monitoring.He described what is
done for monitoring.He stated the data is sent to Mass DEP and the Town.He stated in 2013 the DEP
approved changes to the monitoring plan which is standard practice.He stated the monitoring plan has
been faithfully carried out since its inception.He stated they did not come back to the Board in 2013 so
that is why they need to ask for that also now.Mr.Hyman talked about the letter from the Conservation
Administrator.Mr.Kirschner stated since 2005 there have been 3 order of conditions issued for the
facility.He stated the work has been completed.He stated they discovered there are outstanding
administrative items with the Conservation Commission.He stated they discovered they didn’t close out
the condition with the Town and they will be working with the Commision to close those out.Mr.Chapin
stated he walked the land today and they believe the work has been performed as designed and permitted.
He described what he looked at and stated he believes the work has been completed.Atty.Richmond
stated their view is that they satisfied all 5 conditions and are asking to vote to approve the transfer of the
stock and to approve the adoption of the DEP long term monitoring plan.Mr.Hyman stated he is
satisfied with the presentation.Mr.Savignano stated he is very comfortable with what he heard tonight
Board of Appeals
October 13, 2021
Page 2 of 3
and appreciates their candor and honesty.Mr.Coutinho stated he sees no material breach and that the 5
conditions have been met.Mr.Tuite stated he appreciates the work the other town Board and inspectors
have done.He stated going through it and it looks good.He asked why at this juncture would they want
to reduce groundwater monitoring.He stated it is only twice a year.Atty.Harvey stated this area of
Hopkinton was extensively mapped several years ago and this area does not feed into the area for drinking
water.He stated it was taken out of that zone.Mr.Chapin stated there have been extensive studies done
and that this site does not contribute water to those wells.He stated they are not asking at this time to
reduce any monitoring.He stated that was done in 2013.Mr.Tuite asked if it was already reduced from
twice a year to once a year. Mr. Chapin stated yes in 2013 when DEP gave their approval.
Mr. Hyman asked if there were any public comments and there were none.
Mr. Harvey thanked the Board for their time.
Mr.Coutinho moved to approve the additional request for the Board to consent to the revised long term
monitoring that was approved by DEP in 2013.The motion was seconded by Mr.Savignano and passed
unanimously.The votes were:Mr.Hyman:Yes;Mr.Coutinho:Yes;Mr.Savignano:Yes;Mr.Tuite:Yes;
Mr. Baxter: Yes.
Mr.Coutinho moved to authorize and approve the transfer of stock on a finding that the 5 conditions have
been met.The motion was seconded by Mr.Savignano and passed unanimously.The votes were:Mr.
Hyman: Yes; Mr. Coutinho: Yes; Mr. Savignano: Yes; Mr. Tuite: Yes; Mr. Baxter: Yes.
Documents Used:
September 2, 2021 letter from the Director of Municipal Inspections to the Board of Appeals
September 23, 2021 letter from Beveridge & Diamond
October 13, 2021 letter from the Conservation Administrator
November 14, 2012 Decision of the Board of Appeals
Mr.Coutinho moved to adjourn the meeting.The motion was seconded and passed unanimously.The
votes were: Mr. Hyman: Yes; Mr. Coutinho: Yes; Mr. Savignano: Yes; Mr. Tuite: Yes; Mr. Baxter: Yes.
Meeting Adjourned: 8:15 PM
Adina DePaolo, Administrative Assistant
Approved: October 27, 2021
Board of Appeals
October 13, 2021
Page 3 of 3