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HomeMy Public PortalAbout20210608 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission 08 June 2021 Page 1 of 6 08 June 2021 Called to Order: 7:00 PM Remote Meeting – Zoom Adjourned: 8:58 PM Members Present: Ted Barker-Hook, Jeffrey Barnes, Ed Harrow, Janine LeBlanc, Melissa Recos, Kerry Reed, Don MacAdam: Land Use Department, Matt Varrell: Lucas Environmental, Anna Rogers: Inspections Administrative Assistant Members Absent: James Ciriello 7:00 PM Commission Business • Mr. Barnes noted that the meeting is being conducted remotely consistent with Governor Baker’s Executive Order of March 12, 2020, 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 noted 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 Commission is convening by video conference via Zoom App as posted on the Town’s web meeting calendar and the Commission’s agenda identifying how the public may join. He noted that the meeting may also be broadcast by HCAM TV. He noted that the meeting is being recorded and attendees are participating by video conference. • A Roll Call was held for members: Ms. Recos – present, Mr. Ciriello – not present, Mr. Barker-Hook – present, Mr. Harrow – present, Ms. LeBlanc – present, Ms. Reed – not present, Mr. Barnes – present • A Roll Call was held for staff: Mr. MacAdam – present, Ms. Rogers – present, Mr. Varrell – present, Ms. Ciaramicoli – not present • The Commission thanked Ms. Aanya Soni for reaching out to the Commission regarding her concerns for local turtles and public information regarding wildlife crossing areas. The Commission noted they were inspired to see a young person take such an interest in wildlife and the environment. Ms. Reed joined the meeting at this time. • Mr. Barker-Hook made a motion to issue the following documents, pending the submittal of outstanding information and to authorize Ms. Rogers to sign them on the Commission’s behalf. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held: - Ofria, 200 Wood Street - Order of Conditions (188-1744) - Toll Brothers, Whalen Road, Lot 22 - Order of Conditions (188-1746) - Toll Brothers, Whalen Road, Lot 23 - Order of Conditions (188-1748) - Toll Brothers, Whalen Road, Lot 25 - Order of Conditions (188-1749) Hopkinton Conservation Commission 08 June 2021 Page 2 of 6 - Toll Brothers, Whalen Road, Lot 28 - Order of Conditions (188-1747) - Toll Brothers, Whalen Road, Lot 29 - Order of Conditions (188-1745) - Mauro, 88 Frankland Road - Order of Conditions (188-1732) - Toll Brothers, Chamberlain Street, Lot 3 - Order of Conditions (188-1735) - Toll Brothers, Chamberlain Street, Lot 5 - Order of Conditions (188-1736) - Toll Brothers, Chamberlain Street, Lot 15 - Order of Conditions (188-1737) • The Commission noted the new applications received for future meetings. 7:09 PM Toll Brothers, Lot 12, Chamberlain Street (R23 117 0) DEP File No. 188-1729 Notice of Intent - continuation The hearing was continued without discussion to 22 June 2021. 7:10 PM Toll Brothers, Lot 4, Chamberlain Street (R24 1 4) DEP File No. 188-1750 Notice of Intent Toll Brothers, Lot 7, Chamberlain Street (R23 112 0) DEP File No. 188-1751 Notice of Intent Toll Brothers, Lot 11, Chamberlain Street (R23 116 0) DEP File No. 188-1753 Notice of Intent Toll Brothers, Lot 13, Chamberlain Street (R23 118 0) DEP File No. 188-1754 Notice of Intent Toll Brothers, Lot 20, Whalen Road (R23 123 0) DEP File No. 188-1752 Notice of Intent John Kucich, Bohler Engineering Mr. Kucich provided an overview of the Notice of Intent application information and site plans dated 14 May 2021 for Lot 4, Chamberlain Street. Discussions were held about the following topics: - The addition of a note to the plan that identifies the maintenance requirements for the swale; - Relocation of the permanent immovable barrier (PIB) to the top of the berm and further away from the wetland; and - The Lucas Environmental memo dated 08 June 2021. It was noted the permanent immovable barrier (PIB) needed to be labeled as such on the plan. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions subject to the submission of a revised site plan, issuance of a DEP File Number, and the standard and noted special conditions. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. Mr. Kucich provided an overview of the Notice of Intent application information and site plans dated 14 May 2021 for Lot 7, Chamberlain Street. Discussions were held regarding the following topics: - The Lucas Environmental memo dated 08 June 2021; - Relocation of the PIB further out to the 448 contour line and further away from the wetland; and - Stormwater best management practices. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions subject to the submission of a revised site plan, issuance of a DEP File Number, and the standard and noted special conditions. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. Hopkinton Conservation Commission 08 June 2021 Page 3 of 6 Mr. Kucich provided an overview of the Notice of Intent application information and site plans dated 14 May 2021 for Lot 11, Chamberlain Street. Discussions were held regarding the following topics: - The Lucas Environmental memo dated 08 June 2021; - Relocation of the PIB further away from the wetland and closer to the proposed house; and - The potential for moving the house further away from the buffer zone and moving the erosion control barrier further from the wetland. Ms. Recos left the meeting at this time. Subsequent discussions were held regarding the responsibility of the Homeowner’s Association to maintain stormwater infrastructure and the use of native conservation seed mix. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions subject to the submission of a revised site plan, issuance of a DEP File Number, and the standard and noted special conditions. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. Mr. Kucich provided an overview of the Notice of Intent application information and site plans dated 14 May 2021 for Lot 13, Chamberlain Street. Discussions were held regarding the following topics: - The Lucas Environmental memo dated 08 June 2021; and - Construction of the foundation drain. The Commission expressed a desire for the disturbance area associated with the installation of the drain to be limited to temporary disturbance. Additionally, the placement of the drain should avoid any existing trees to the extent practicable, and a PIB should be placed adjacent to the drain approximately in line with the 100-ft buffer zone. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions subject to the submission of a revised site plan, issuance of a DEP File Number, and the standard and noted special conditions. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. Mr. Kucich provided an overview of the Notice of Intent application information and site plans dated 14 May 2021 for Lot 20, Whalen Road. A discussion was held about the Lucas Environmental memo dated 08 June 2021 and regarding locating the PIB further away from the wetland. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions subject to the submission of a revised site plan, issuance of a DEP File Number, and the standard and noted special conditions. The motion was seconded by Mr. Harrow and a unanimous roll call vote was held. 7:55 PM Heritage Properties, Legacy Farms North DEP File No. 188-1649 Enforcement & Fines Hearing Peter Bemis, Engineering Design Consultants Mr. Bemis noted that he understands that the previously assessed fines that were held in abeyance have been issued and a new potential fine will be reviewed for the most recent violation, which occurred on April 6, 2021. The Commission reviewed the fines memo dated 04 June 2021 and held a discussion about potential fines. The Commission determined to assess the fines identified in the 04 June 2021 memo and hold them abeyance subject to no further erosion control violations and reserving the Commission’s right to review the matter further. A discussion was held about the anticipated timeline for the completion of the project. A discussion was held about how the Town of Ashland can complete a review of the matter under their jurisdiction. A discussion was held about how the assessment of fines are identified under the Bylaw Regulations. Hopkinton Conservation Commission 08 June 2021 Page 4 of 6 Ms. Katie Towner, 9 Kruger Road, noted required SWPPP reports for the project are delinquent. Mr. Bemis noted that he has taken over the duties as the erosion control inspector from the previous erosion control inspector, W.W. Contracting. Mr. Bemis apologized that he has not submitted the required SWPPP reports since he has become the erosion control inspector and that he will rectify the matter. Ms. Towner noted concerns with the soil being contaminated, that any level of chemicals entering the reservoir was not safe, and that the violation occurred because the applicant did not have adequate oversight of the erosion controls. A discussion was held about the delinquency of the SWPPP reports. The Commission determined to have the Conservation Staff tabulate the potential fine for the delinquency of the SWPPP reports, revise the 04 June 2021 memo to include the findings of the potential fine for the delinquency of the SWPPP reports, provide copies of the revised fine memo to the applicant and Commission members for review, and to hold the revised memo in abeyance as discussed. 8:20 PM Babbin, 50 Lake Shore Drive DEP File No. 188-1756 Notice of Intent The hearing was continued without discussion to 22 June 2021. 8:20 PM MA Laborer’s Training Trust Fund DEP File No. 188-1738 37 East Street (Conti Building) MA Laborer’s Training Trust Fund DEP File No. 188-1742 37 East Street (Crane Building) MA Laborer’s Training Trust Fund DEP File No. 188-1740 37 East Street (Headquarters) MA Laborer’s Training Trust Fund DEP File No. 188-1741 37 East Street (pond dredging) MA Laborer’s Training Trust Fund DEP File No. 188-1743 37 East Street (restoration plan) MA Laborer’s Training Trust Fund DEP File No. 188-1739 37 East Street (utilities) The hearings were continued without discussion to 22 June 2021. 8:20 PM Claro, 0 Hayden Rowe (U25 16 A) DEP File No. 188-1716 Request for Reconsideration The hearing was continued without discussion to 22 June 2021. 8:21 PM Abbott Realty Trust, HCC-41 25 Parcels on Adams Street, Fitch Avenue, Myrtle Avenue Notice of Intent – continuation Robert Truax, GLM Engineering; Attorney Adam Costa, Mead, Talerman & Costa, LLC A discussion was held about the supplemental stormwater management plans dated 19 October 2020 with a final revision date of 24 May 2021, the wetland replication plans dated 27 April 2020 with a final revision date of 24 May 2021, the GLM Engineering response memo dated 28 May 2021, the GLM Engineering response memo dated 01 June 2021, and the BETA Group peer review memo dated 03 June 2021. Hopkinton Conservation Commission 08 June 2021 Page 5 of 6 Mr. Truax provided an overview of the revisions to the proposed trench drain & berm and the results of soil testing performed in 2015, which assessed the potential for onsite sewage disposal, in order to provide context information for the functionality of the trench & berm. Mr. Truax noted the applicant would provide a twenty foot wide easement to the Town to allow access onto the private property to inspect the trench drain & berm as needed for the purpose of ensuring that the property owner(s) is performing any necessary maintenance to the trench drain & berm to ensure the continued function as designed. Attorney Costa noted any easement would be put in place prior to the issuance of any certificate of occupancy. It was noted that the Town DPW is responsible for maintaining the existing detention basins and any future modifications to the existing basins. The Commission noted the current proposed plans show seventeen (17) single family house lots and a settlement agreement with the Town approved sixteen (16) conditional sewer permits. A discussion was held about concerns the Commission had with Adams Street still being identified on the site plans as a roadway even though it is proposed not to be developed. A discussion was held about the potential for a Conservation Restriction (CR) area being proposed as mitigation for the proposed disturbance to the resource areas. Mr. Truax noted the potential for a CR will be reviewed by the applicant. A discussion was held about the 28 May 2021 GLM memo noting an increased density of restoration plantings and the discrepancy of the revised site plans not identifying the increased density of restoration plantings. A discussion was held about the concerns the Commission had with the potential for the proposed activity draining the isolated wetland. It was noted that the applicant should provide information that identifies the water budget of the isolated wetland will not be impacted from the proposed activity. Mr. Alex Scott, 15 Blueberry Lane, noted the drainage improvements for 13 & 15 Blueberry Lane the applicant proposed to the abutters were not occurring on the subject parcel and will not be identified on the subject plans. Mr. Scott asked if the proposed drainage improvements could be noted in writing so as not to be forgotten. Attorney Costa noted he has no objection to the proposed drainage improvements for 13 & 15 Blueberry Lane being referenced in any Order of Conditions and is happy to meet with the neighbors to further negotiate in writing the proposed drainage improvements that would occur outside the Commission’s purview. The Commission noted that any such drainage improvements should be provided to BETA for review as well. Mr. Truax noted the applicant would be amenable with BETA reviewing the drainage improvements and noted the applicant does not have the authority to grant any easements for the drainage improvements on the abutters’ private property. Ms. Stephanie Gelbwachs, 19 Blueberry Lane, inquired who would be responsible for maintaining the portion of the proposed trench drain & berm on Lot 42, since the plan does not show a house being proposed for construction on Lot 42, and what was the timing was for the installation of the drainage system improvements. It was noted that if Lot 42 were not to be developed and set aside as open space it would be the responsibility of the owner of the open space parcel to maintain that portion of the trench drain & berm. Mr. Truax noted that any trench drain would be installed after any sewer line construction and that a sequence plan can be further developed and provided. A discussion was held about avoiding any potential drainage issues from clearing & grubbing the vegetation from the site prior to adequate drainage best management practices being in place to protect the resource areas and the abutters. A discussion was held about a written report on the success rate for wetland replications in Massachusetts. It was noted that a major contributor to the poor success rate was the lack of wetland replication areas actually being constructed. It was noted that the Commission has a significant success rate on ensuring replication areas being constructed. It was noted that the poor draining soils in the area Hopkinton Conservation Commission 08 June 2021 Page 6 of 6 of the isolated wetland would be considered a conducive factor towards the success of the proposed wetland replication. The hearing was continued to 22 June 2021. 8:52 PM Toll Brothers, Chamberlain Street, Lot 1 DEP File No. 188-1733 Notice of Intent - continuation The hearing was continued without discussion to 22 June 2021. 8:52 PM Toll Brothers, Chamberlain Street, Lot 2 DEP File No. 188-1734 Notice of Intent The hearing was continued without discussion to 22 June 2021. 8:52 PM Commission Business • The Commission thanked Mr. MacAdam for his 20 years of service to the Commission and the Town. Adjourn: 8:58 PM