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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