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
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- 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
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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
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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
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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
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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