HomeMy Public PortalAbout20151123 - Conservation Commission - Meeting Minutes Hopkinton Conservation Commission 23 November 2015
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23 November 2015 Called to Order: 7:30 PM Town Hall, Rooms 215 & 216 Adjourned: 8:35 PM Members Present: Jeffrey Barnes, Jim Ciriello, Ed Harrow, Melissa Recos, Marcus Waldron, Jamie
Wronka, Don MacAdam: Conservation Administrator, Bob Ingram: Conservation Scientist, Anna Rogers: Inspections Administrative Assistant
Members Absent: Kerry Reed
7:30 PM Commission Business
• The Commission reviewed the following documents which they signed signature pages for at the
02 November 2015 Meeting: - MassDOT, I-90 & I-495 – Order of Resource Area Delineation (188-1586) - Crandall Hicks Company, 0 Lumber St – Order of Conditions (188-1591)
• The Commission signed the following documents:
- Fletcher Tilton, PC, 268 Wood St – Certificate of Compliance (188-1564) - Aho, 87 Wood St – Certificate of Compliance (188-1550)
• A discussion was held regarding the Planning Board’s (PB) request for comments, Site Plan Review & Amended Master Plan Special Permit Application for Pulte Homes at Legacy Farms
North. The Commission determined both Mr. MacAdam and Mr. Ingram would review the applications and comment on behalf of the Commission. It was noted that Pulte Homes has filed a Notice of Intent Application with the Commission for the same project.
Mr. Barnes arrived at this time.
7:40 PM Esterbrook, 51 East Main Street RDA 2015-10 Request for Determination of Applicability
Daniel McIntyre, MESS Corp.
Mr. McIntyre provided an overview of the Request for Determination of Applicability and site plans dated 07 November 2015 for the abandonment of a cesspool and installation of a Title V compliant septic system. A brief discussion was held regarding alternate locations for the installation. The Commission
determined that the soil testing identified the proposed location to be the most feasible and environmentally appropriate.
Mr. Ciriello made a motion to close the hearing and issue a Negative Determination of Applicability with the standard conditions. The motion was seconded by Mr. Barnes and it passed unanimously.
Hopkinton Conservation Commission 23 November 2015
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The Commission signed a signature page for the Determination.
7:46 PM Glassman, 26 Twin Island Road & 0 Twin Island Road (L36 27 0) Violation Discussion
Danielle Glassman, owner
Mr. MacAdam presented photos and information regarding the installation of a landscaped fire pit area by Ms. Glassman. He noted that the fire pit was installed within ten feet of a bordering vegetated wetland and appears to be located on the abutting parcel at 0 Twin Island Road (L36 27 0). He noted the fire pit
does not meet the No Disturbance Zone set-back for residential activity under the Bylaw Regulations. Ms. Glassman stated the area was previously cleared and a burn barrel was put in place there by the previous owner of 26 Twin Island Road. She noted that she wanted to create a safer area by installing the
fire pit area. Ms. Glassman noted that she was unaware that the fire pit area may have been installed on the abutting property.
The Commission noted that the Bylaw Regulations identifies the following “the Commission must consider whether activities within the Buffer Zone will likely affect the wetland resource area and will
presume that projects that work within specified setbacks from the wetland will so affect the wetlands.
This presumption is rebuttable and may be overcome upon a clear showing by a preponderance of the evidence that the nature of the proposed work, special design measures, construction controls or site
conditions which exceed the norm for work anywhere within the Buffer Zone will prevent alteration of
the resource area”. The Commission noted that Ms. Glassman can file an after-the-fact permit application for the Commission to review. The Commission noted that it is the applicant’s responsibility to
determine whether the fire pit is located on the abutting property and to obtain the property owner’s permission for the fire pit to remain. The Commission determined to table any further enforcement proceedings in order to allow Ms. Glassman time to assess the location of the fire pit and obtain the
abutting property owner’s permission, if necessary. 8:08 PM Cohen, 31 West Elm Street
Discuss Extended Drawdown of Lake Maspenock under OOC 188-1433 Hanan Cohen, owner
Mr. Cohen provided an overview of his concerns regarding impacts to wildlife, the residents’ quality of
life and property values subsequent to the annual drawdowns of Lake Maspenock. The Commission
noted that they reviewed the Town of Hopkinton’s previous Notice of Intent application to perform annual drawdowns subject to protecting the following public interests under the Massachusetts Wetlands
Protection Act: protection of public and private water supplies, protection of groundwater supplies, flood
control, storm damage prevention, prevention of pollution, protection of fisheries, protection of wildlife habitat; and under the Town of Hopkinton Wetlands Protection Bylaw: erosion and sedimentation control,
wildlife, recreational values. The Commission noted that they also considered the recommendations of the Massachusetts Office of Dam Safety for sound dam engineering practices. A discussion was held regarding hydrologic conditions which fluctuate from year to year. The Commission encouraged Mr.
Cohen to also contact other relevant Town Departments regarding his concerns. Minutes Approved: 14 December 2015