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HomeMy Public PortalAbout20150601 - Conservation Commission - Meeting Minutes Hopkinton Conservation Commission 01 June 2015 Page 1 of 5 01 June 2015 Called to Order: 7:30 PM Town Hall, Rooms 215/216 Adjourned: 10:30 PM Members Present: Jeffrey Barnes, Jim Ciriello, Ed Harrow, Craig Nation, Melissa Recos, Kerry Reed, Marcus Waldron, Don MacAdam: Conservation Administrator, Robert Ingram: Conservation Scientist, Anna Rogers: Inspections Administrative Assistant Members Absent: none 7:30 PM Commission Business  The Commission reviewed the following document that had signature pages signed at the 11 May 2015 meeting: - 194-196 South Street LLC, 194 South Street, 196 South Street – Order of Conditions (188- 1578)  The Commission signed the following documents: - Lozeau, 9 Deneen Road (Lot 2) – Extension Permit for Order of Conditions (188-1321) - Miller, 22 Granite Street – Certificate of Compliance (188-1520)  Mr. Waldron made a motion to approve the minutes of 02 June 2014, 11 August 2014, 20 October 2014 and 03 November 2014. The motion was seconded by Ms. Recos and it was passed unanimously except Mr. Ciriello abstained for the 02 June 2014 minutes. Mr. Nation arrived at this time.  A discussion was held regarding the exemption request for Perkins, 201 Hayden Rowe, to remove and relocate some trees as identified in the emails dated 12 May 2015, 13 May 2015, and 22 May 2015. The Commission determined the scope of the project qualified as an exempt activity.  A discussion was held regarding the exemption request for Lennon, 7 Everett Circle (188-1030) to install a boulder retaining wall up to and not beyond the original approved limit of work identified on the site plan dated 05 July 2002. The Commission determined the scope of the project qualified as an exempt activity.  A discussion was held regarding the project change request for Garland, 50 Downey Street (188- 1501) to install a landing and stairways. Mr. Waldron made a motion to determine the project change to be insignificant. The motion was seconded by Mr. Harrow and it passed unanimously. Hopkinton Conservation Commission 01 June 2015 Page 2 of 5 7:48 PM Cummings, 9 Old Farm Road DEP File No. 188-1580 Notice of Intent George Connors, Connorstone Engineering Mr. Connors provided an overview of the Notice of Intent application and site plans dated 22 April 2015. A discussion was held regarding the garage addition where the deck is located. The Commission noted the plan needs to be revised to show the existing treeline. Mr. Ciriello made a motion to close the hearing and issue an Order of Conditions with the standard and noted special conditions, subject to the submission of a revised plan. The motion was seconded by Mr. Nation and it passed unanimously. Mr. Nation recused himself and left the meeting at this time. 7:53 PM Nation, Lot 1 Penny Meadow Lane DEP File No. 188-1572 Notice of Intent – continuation Nation, Lot 2 Penny Meadow Lane DEP File No. 188-1571 Notice of Intent – continuation Nation, Lot 3 Penny Meadow Lane DEP File No. 188-1570 Notice of Intent – continuation Nation, Lot 4 Penny Meadow Lane (215 Ash Street) DEP File No. 188-1569 Notice of Intent – continuation Attorney Matthew Watsky; Dan Wells, Goddard Consulting; Peter Lavoie, Guerriere & Halnon, Inc.; Ron Nation, Chris Nation, applicant/owner; Mr. Watsky provided an overview of the proposed site activities on all four (4) lots. He noted the Penny Meadow Lane neighbors are not in support of filing a zoning variance to move all the houses closer to Penny Meadow Lane and the applicant will not be submitting a variance request to the Board of Appeals. Mr. Lavoie noted he has designed two infiltration points per lot to address both the two and ten year storms. A discussion was held regarding the Guerriere & Halnon letter dated 26 May 2015, the Attorney Watsky letter dated 01 June 2015, the BETA Group memo dated 01 June 2015 and the Hydrologic and Hydraulic Report by Guerriere & Halnon dated 25 November 2014, revised through 27 May 2015. Lot 1 Penny Meadow Lane: Mr. Lavoie provided an overview of the site plan dated 17 October 2014 with a final revision date of 27 May 2015. He noted the wraparound driveway has been removed and all the impervious area from the buffer zone has been removed. He noted the lawn area has been reduced and infiltration recharge areas have been added. The Commission noted revised buffer zone calculations need to be submitted and a permanent immovable barrier (PIB) needs to be shown on the plan. Hopkinton Conservation Commission 01 June 2015 Page 3 of 5 Lot 2 Penny Meadow Lane: Mr. Lavoie provided an overview of the site plan dated 17 October 2014 with a final revision date of 27 May 2015. He noted the property line has been adjusted, only 205 square feet of impervious surface remains in the buffer zone, the wrap around driveway has been removed, the lawn area has been reduced and infiltration recharge areas have been added. The Commission asked if there was a required setback between the recharge area and the private well, and Mr. Lavoie noted he will research that matter. The Commission noted that a PIB needs to be shown on the plan. Lot 3 Penny Meadow Lane: Mr. Lavoie provided an overview of the site plan dated 17 October 2014 with a final revision date of 27 May 2015. He noted the septic system has been moved from the front to the side of the lot, the house has been moved forward, the driveway has been removed from the buffer zone, only 162 square feet of impervious surface is within the buffer zone, the lawn area has been reduced, and infiltration recharge areas have been added. The Commission noted that a PIB needs to be shown on the plan. Lot 4 Penny Meadow Lane (215 Ash Street): Mr. Lavoie provided an overview of the site plan dated 17 October 2014 with a final revision date of 27 May 2015. He noted the size of the septic system has been reduced, the house has been moved forward, 1000 square feet of impervious area is within the buffer zone, the lawn has been reduced slightly, and infiltration recharge areas have been added. The Commission noted that a PIB needs to be shown on the plan. Attorney Mr. Mike O’Neill, MacGregor & Legere, noted that most of the 50-100 foot buffer zone on lots 3 and 4 are still disturbed, the lots have steep slopes, all the decks are in the buffer zone, alternatives outside the buffer zone have not been shown. He noted he believes that under the Bylaw the burden of proof to allow the disturbance has not been met and the project sets a precedent. Mr. Ciriello noted that he does not see any precedent because the Commission has approved other projects located within the buffer zone. Mr. Waldron noted that each application is unique and must be reviewed separately. Mr. Barnes noted that subdivisions are reviewed for cumulative impacts and that he appreciates the efforts the applicant has put forward to reduce buffer zone impacts. Mr. Ken Weismantel, Planning Board Chairman, noted he supports the project and that it would be a benefit to the Penny Meadow Lane residents. He noted the Planning Board approved allowing the roadway to be brought up to subdivision standards and which includes drainage improvements for the area. He urged the Commission to approve permitting the development of the 4 lots. Mr. John McAuliffe, 8 Cider Mill Road, noted he has concerns about the size of the houses, does not believe there is adequate runoff prevention, and with the maintenance of the recharge system. He noted there are beaver dams in the back, the water gets very high, the runoff from these lots will affect the ecosystem, and believes the overall hardship has not been proven. Mr. Brandon Faneuf, Ecosystem Solutions Inc., stated a decision needs to be made subject to the public interests under the Massachusetts Wetlands Protection Act and the Hopkinton Wetlands Protection Bylaw. He referenced that the Bylaw notes the buffer zone is best left in its undisturbed state. He noted the decks could be moved to the side of the house to reduce buffer zone impacts, the wetland species need upland areas, the mitigation was not sufficient and that he was opposed to this project. Hopkinton Conservation Commission 01 June 2015 Page 4 of 5 The Commission noted the stormwater area on Lot 4 needs to be further addressed, revised plans are needed, the buffer zone tables need to be updated, and the Conservation Scientist needs time to review the alternatives analysis. The four hearings were continued to 22 June 2015. Mr. Craig Nation returned to the Commission at this time. 9:06 PM Marathon Solar LLC, 0 Frankland Road (U7 1 0) DEP File No. 188-1579 (Off East Main Street) Notice of Intent – continuation Richard Kleiman, Marathon Solar; Stacy Minihane, Beals & Thomas, Inc.; Roger Mezitt, owner Ms. Minihane provided an overview of the site plans dated 21 April 2015 and with a final revision date of 01 June 2015. She noted that screening has been updated along the northern property line and the site will not be stripped entirely. Mr. Barnes noted that he does not believe that a smaller commercial project is not feasible and that the panels could not be moved further from the wetlands. Mr. Kleiman noted that land this close to Boston is expensive and connecting into the power lines here is expensive. He noted they have reviewed areas disturbed by the previous agriculture use and believe they can make it a more valuable ecological area with their proposed mitigation enhancements. Ms. Minihane noted they are proposing 100 shrub plantings within the buffer zone and resource areas. She noted they will be doing invasive species management while pollarding and pruning. She noted they have raised the bottom of the fencing as requested, but the need for security still exists so there will be bars to the ground. Mr. Kleiman noted they have a 25 year lease and the life of the panels is approximately 30-40 years. He noted they will have a discussion with the land owner at the end of the lease to determine what happens next. Mr. Mezitt noted he has continued to have the land mowed to keep it active. Mr. Ciriello noted the vegetation is growing back and that after 5 years the agricultural exemption expires. Mr. Kleiman noted Mr. Mezitt has been working the land. He noted that some of the land has been used less now than in the past, but it has been in continual use. He noted that the site will not be graded, they are using screw pilings, and the land will not be striped. A discussion was held regarding the BETA Group memo dated 18 May 2015, the Lucas Environmental memo dated 01 June 2015, and the DEP comments dated 11 May 2015. Mr. Nation asked what other activities were planned for the remaining acreage and Ms. Minihane responded that the property owner has no other plans at this time. The hearing was continued to 22 June 2015. 9:44 PM REC Hopkinton LLC, DEP File No. 188-1581 77 West Main Street, 0 Lumber Street (R23 73 0) Notice of Intent Mark Allen, Allen Engineering; Paul Mastroianni, REC Hopkinton LLC Mr. Allen provided an overview of the Notice of Intent application and site plans dated 16 April 2015 with a final revision date of 01 May 2015. A discussion was held regarding the Allen Engineering memo dated 01 June 2015. A discussion was held regarding the BETA Group memo dated 11 May 2015. Hopkinton Conservation Commission 01 June 2015 Page 5 of 5 A discussion was held regarding the consultant fees and the applicants request that the fees be based on a time basis and not a project fee basis. Mr. Allen provided an overview of the Master Plan Special Permit, including an overview of the tenants planned for the new building. He noted the applicant is requesting public water and public sewer and is requesting the Commission’s support on those utility connections. The hearing was continued to 22 June 2015. 10:20 Commission Business – continued  A discussion was held regarding the project change request for Pulte Homes, 22 Legacy Farms South (G-1) (188-1496) as identified in the letter dated 01 May 2015 and plan dated 30 April 2015. Mr. Nation made a motion to determine the project change to be insignificant. The motion was seconded by Mr. Waldron and it was passed by everyone except Mr. Ciriello who abstained.  A discussion was held regarding the project change request for DPW, 83 Wood Street (RDA 2014-3) to relocate the electrical transformer as identified in the Weston & Sampson letter dated 27 May 2015 and site plans dated February 2014. Mr. Ciriello made a motion to determine the project change to be insignificant. The motion was seconded by Mr. Harrow and it passed unanimously.  The discussion about the status of 0 College Street (R34 31 0) was tabled to a future meeting.  The discussion about the status of stockpiled lawn clippings at 61 Wood Street and the Spring Street right-of-way (U5 44 0) was tabled to a future meeting.  A discussion was held about reappointments to other the boards and committees that Commission members serve on.