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HomeMy Public PortalAbout20210427 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission 27 April 2021 Page 1 of 7 27 April 2021 Called to Order: 7:00 PM Remote Meeting – Zoom Adjourned: 11:03 PM Members Present: Ted Barker-Hook, Jeffrey Barnes, James Ciriello, Ed Harrow, Melissa Recos, Kerry Reed, Don MacAdam: Conservation Administrator, Matt Varrell: Lucas Environmental, Anna Rogers: Inspections Administrative Assistant Members Absent: Janine LeBlanc 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 – not present, Mr. Ciriello – present, Mr. Barker-Hook – present, Mr. Harrow – not present, Ms. LeBlanc – not present, Ms. Reed – present, Mr. Barnes – present • A Roll Call was held for staff: Mr. MacAdam – present, Ms. Rogers – present, Mr. Varrell – present • Documents for review and approval of issuance: - McIntyre, 1 Whisper Way – Order of Conditions (188-1726) – subject to submission of a revised plan - Toll Brothers, Chamberlain Street, Lot 14 – Order of Conditions (188-1727) – subject to submission of a revised plan - Toll Brothers, Whalen Road, Lot 24 – Order of Conditions (188-1730) – subject to the submission of a revised plan - Toll Brothers, Chamberlain Street, Lot 6 – Order of Conditions (188-1731) – subject to the submission of a revised plan - Dileo, 44 Stoney Brook Road – Extension Permit for Orders of Conditions (188-1655) – no further information required. Hopkinton Conservation Commission 27 April 2021 Page 2 of 7 Mr. Harrow joined the meeting at this time. Mr. Barker-Hook made a motion to approve the Issuance of the documents pending submittal of the outstanding information and to authorize Ms. Rogers to sign on the Commission’s behalf. The motion was seconded by Mr. Ciriello and a unanimous roll call vote was held. • The Commission noted the new applications received. • Mr. Barker-Hook made a motion to approve the draft minutes of 09 March 2021. The motion was seconded by Mr. Ciriello with all members voting in favor except Mr. Barker-Hook who abstained in a roll call vote. • A discussion was held with Mr. David Marquedant, J.D. Marquedant & Associates, regarding the continued review of the project change request for Parker, 47, 49, 47 & 49 Stoney Brook Road (188- 1697, 188-1698, 188-1699). Mr. Marquedant provided an overview of the project change plan dated 06 February 2020 with a latest revised date of 02 March 2021. Mr. Barker-Hook noted concerns with the amount of proposed buffer zone disturbance within the area of the previous house location. Mr. Marquedant noted they have reduced the amount of impervious area within the buffer zone. Mr. Barker-Hook made a motion to determine the project change to be insignificant. The motion was seconded by Mr. Harrow and everyone voted in favor except Mr. Barker-Hook who opposed in a roll call vote. 7:24 PM Braunstein, 8 Cobblers Way DEP File No, 188-1725 Notice of Intent Joseph P. Marquedant, J.D. Marquedant & Associates; Kristin Gleason, Landscape Designer; Michael Braunstein, owner Mr. Marquedant provided an overview of the Notice of Intent application information and site plan dated 07 January 2021. Mr. Marquedant noted the site activity for the proposed inground pool would occur within previously disturbed area, outside of the drainage easement and the 50 foot residential setbacks. He noted all work is proposed within the existing lawn/landscape area. He noted they will be adding a PIB after construction. A discussion was held about the Lucas Environmental memo dated 16 April 2021. A discussion was held about the need for a drywell to be installed to discharge pool water into during maintenance activities. A discussion was held about the need to remove the existing silt fence located onsite. Ms. Recos arrived at this time. A discussion was held about the location of the permanent immovable barrier. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions subject to the receipt of a revised site plan and with the noted and standard special conditions. The motion was seconded by Mr. Ciriello and with all members voting in favor except Ms. Recos who abstained in a roll call vote. Hopkinton Conservation Commission 27 April 2021 Page 3 of 7 7:37 PM MA Laborer’s Training Trust Fund DEP File No. 188-____ 37 East Street (Conti Building) MA Laborer’s Training Trust Fund DEP File No. 188-____ 37 East Street (Crane Building) MA Laborer’s Training Trust Fund DEP File No. 188-____ 37 East Street (Headquarters) MA Laborer’s Training Trust Fund DEP File No. 188-____ 37 East Street (pond dredging) MA Laborer’s Training Trust Fund DEP File No. 188-____ 37 East Street (restoration plan) MA Laborer’s Training Trust Fund DEP File No. 188-____ 37 East Street (utilities) Attorney George Connors, Connorstone Engineering Mr. Connors provided an overview of the information for the six (6) Notice of Intent applications and the Proposed Utility Plans dated 14 August 2020, Restoration Plans dated 14 August 2020, Headquarters Building Plans dated 30 October 2020, Crane Building Plans dated 30 October 2020, Conti Building Plans dated 23 November 2020, and the Pond Dredging Plans dated 18 January 2021. Mr. Connors noted the Hopkinton Fire Department requested the dredging and maintenance work be performed on the fire pond in association with the construction of the two (2) proposed buildings and one (1) proposed building addition. Mr. Connors noted that MassDEP has approved the water supply well for the entire site. A discussion was held about the outstanding filing fees and consultant fees under the Bylaw. It was noted that BETA Group will perform a peer engineering review and Lucas Environmental will perform a peer environmental review after the outstanding consultant fees have been submitted. The Commission scheduled a site walk for 01 May 2021 at 9 AM. The hearings were continued to 11 May 2021. 8:02 PM Toll Brothers, Lot 12, Chamberlain Street (R23 117 0) DEP File No, 188-1729 Notice of Intent – continuation The applicant requested a continuation to 08 June 2021. 8:03 PM Babbin, 50 Lake Shore Drive DEP File No, 188-____ Notice of Intent Attorney George Connors, Connorstone Engineering; Dana Babbin, 50 Lake Shore Drive, LLC Mr. Connors provided an overview of the Notice of Intent application information and site plan dated 08 March 2021 with a final revision date of 19 April 2021. Mr. Connors noted they are proposing infiltration with overflow into the existing pipe that discharges into the lake. A discussion was held about the waiver request for the portion of the project within the 50 foot residential setbacks. The Commission asked if the amount of existing impervious area and the amount of proposed impervious area has been tabulated for review. Mr. Connors noted that information has not been tabulated. Mr. Connors noted they are proposing to infiltrate for the 100 year storm in the front and a one (1) inch storm to the rear. A discussion was held about whether the area around the proposed hot tub could be made permeable. Mr. Ciriello noted that he does not consider the entire site to be previously disturbed area and Hopkinton Conservation Commission 27 April 2021 Page 4 of 7 believes there is a significant increase of impervious area to the front of the property. Mr. Barnes noted a significant amount of stormwater flows down off Amherst Road. Mrs. Babbin noted that she would be amendable to installing pervious pavers on the driveway. Ms. Recos noted if they are engineering the project to the 100 year storm level, then the project may need to be peer engineer reviewed. Mr. Connors noted the existing rock swale will be removed and replaced with a constructed swale, they will be capturing some water coming off the roadway, and that no flow from the subject property will flow onto the abutting property. The Commission noted the written comments from Ms. Colleen Martin, 46 Lake Shore Drive. A discussion was held about the rationale for locating the limit of work so far behind the proposed patio and the removal of the large trees. Mr. Connors noted they have an arborist report noting concerns for the structural integrity of the trees and that other tree root systems will be impacted during site construction. Mr. Paul Phillips, 54 Lake Shore Drive, noted the applicant has shared the plan with him, that he has no concerns with the proposal, and is in support of the project. The hearing was continued to 11 May 2021. 8:37 PM Gammal, 60 Lake Shore Drive DEP File No. 188-1723 Notice of Intent – continuation Matthew Marro, Matthew Marrow Environmental Consulting; Joe Fraser, contractor Mr. Marro provided an overview of the Notice of Intent application information and site plans dated 12 June 2021 with a final revision date of 10 April 2021. A discussion was held about the two (2) proposed additions to the existing single family home. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions with the noted and standard special conditions. The motion was seconded by Ms. Reed and a unanimous roll call vote was held. 8:42 PM Toll Brothers, Lot 26, Whalen Road (R23 130 0) DEP File No. 188-1728 Notice of Intent – continuation John Kucich, Bohler Engineering; Scott Goddard, Goddard Consulting Mr. Kucich provided an overview of the revised site plan dated 15 February 2021 with a final revision date of 21 April 2021. Mr. Barker-Hook noted he has concerns with the amount of proposed buffer zone disturbance for installing the rear yard when there is such ample side yard area available for the project. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions with the noted and standard special conditions. The motion as seconded by Mr. Ciriello and with all members voting in favor except Mr. Barker-Hook and Mr. Harrow who opposed in a roll call vote. 8:46 PM Nation, 0, 0, 0 Wood Street (U14 28 A; U14 28 1; U14 28 0) DEP File No. 188-1718 Notice of Intent – continuation Scott Goddard, Goddard Consulting; Joseph P. Marquedant, J.D. Marquedant & Associates; Chris Nation, Ravenwood LLC Hopkinton Conservation Commission 27 April 2021 Page 5 of 7 Mr. Goddard provided an overview of the revised site plans dated 25 October 2020 with a final revision date of 20 April 2021. A discussion was held about the delineation of the vernal pool as identified on the revised plan. Mr. Goddard noted that a delineation report of the vernal pool was not provided, the vernal pool was delineated to the limit where the standing water was observed, and that the vernal pool buffer zone does not extend into the proposed limit of work. It was noted that the Conservation Scientist has not had an opportunity to review the delineation of the subject vernal pool. It was noted that the scope of the Notice of Intent application did not include an abutting parcel located to the south of the subject parcels, identified by the assessor’s database as parcel R17 1 0, which is also owned by the applicant. The Commission inquired if the Hopkinton Planning Board (HPB) concerns regarding restrictions for roadway access through the Open Space have been resolved. Mr. Goddard noted the applicant is still addressing that matter with the HPB. The Commission noted that the HPB would need to approve the roadway prior to the start of any construction. The Commission discussed its requests for additional information, including confirmation of the vernal pool delineation by the Conservation Scientist, and a construction sequence for the mitigation, which shall be submitted for review prior to start of construction for the crossing. The Commission discussed special conditions for the Order of Conditions including a prohibition on future additional impacts to Areas Subject to Jurisdiction under the Hopkinton Wetlands Protection Bylaw at the parcels which are the subject of this application. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions, subject to the subsequent review and confirmation of the vernal pool boundary delineation by the Conservation Scientist, and the noted and standard special conditions. The motion was seconded by Mr. Ciriello and with all members voting in favor except Mr. Barker-Hook and Mr. Harrow who opposed. 9:01 PM Commission Business – continued • A discussion was held with Mr. Michael Roughan, Hopkinton Historic Commission, about the town- owned parcel, RT 85 Aikens Road (R4 22 0), that is managed by the Commission. A discussion was held about the recent onsite visit that Mr. Roughan had with the Conservation Scientist. A discussion was held about the proposed improvement work to the existing cart path and stone bridge. A discussion was held about the extent of activity that would occur within the Commission’s wetland jurisdiction. • A discussion was held with Mr. Peter LaGoy, Trail Coordination & Management Committee, about the town-owned parcel 0 College Street (R34 31 0) that is managed by the Commission. A discussion was held about making improvements to the existing parking area, similar to the parking improvements made for Echo Trail and the Hughes Trail. Mr. LaGoy noted that the size and the dimension of the parking lot would not change, and they would like to install signage. The Commission noted that the activity would not occur within their wetland jurisdiction and they were amenable with the proposed improvement to the existing parking area as managers of the parcel. • A discussion was held about the sizing of the temporary basins for the Chamberlain Street/Whalen Road Subdivision project (188-1648) and the recent dewatering of the basins. It was noted that it appears to be an infiltration issue, possibly due to the temporary nature of the basins, and that they should be checked by the reviewing engineer. It was noted that if they continue to need to dewater the basins then the water should be discharged into an adequately sized sediment bag or straw bale corral. Mr. Barnes noted that he would follow up with the applicant on the matter. Hopkinton Conservation Commission 27 April 2021 Page 6 of 7 • A discussion was held about the report of suspended sediments entering the Hopkinton Reservoir in Ashland from the Heritage Properties, Legacy Farms North (188-1649) project site. The Commission determined to invite the applicant to a reopened fines hearing for the previous 2019 violation and schedule the applicant for a concurrent enforcement and fines hearing for the current violation. Mr. Barnes left the meeting at this time. • A discussion was held with Mr. Praveen Prasanth, 105 Saddle Hill Road (188-809) regarding his exemption request for proposed tree cutting. A discussion was held about the observations the Conservation Scientist (CS) made on 06 April 2021. Mr. Prasanth noted that he is amendable with planting native understory trees or shrubs as mitigation for cutting any live trees. The Commission requested a copy of the arborist’s report and Mr. Prasanth noted that he has not retained an arborist to date. The Commission questioned whether they had enough information to make an informed decision. The Commission requested the CS to draft a memo of his observations. It was noted that Saddle Hill Road is a Scenic Road and some of the trees may need review by the Planning Board and/or the Tree Warden. The review was continued to the next meeting. Mr. Barnes returned to the meeting at this time. • A discussion was held about the exemption request from O’Brien, 4 Front Street (188-1282) (2008-3) for proposed tree cutting. A discussion was held about the trees located along the edge of the 100 foot buffer zone and that the required permanent immovable barrier (PIB) is no longer in place. The Commission determined the removal of the trees with planting native understory trees or shrubs as mitigation would qualify as an exempt activity and that the PIB is required to be reinstalled. • A discussion was held about the exemption request from Lynch, 79 Front Street (188-581) for proposed tree cutting. It was noted that the wetland resource area is located across the street for the trees located close to the road. The Commission noted the removal of the large pine tree located at the side of the house and that pruning of trees would be preferred over removal where feasible, would qualify as an exempt activity. It was noted that Front Street is a Scenic Road and some of the trees may need review by the Planning Board and/or the Tree Warden. • A discussion was held with Mr. Nelson Barrantes, 1 Pond Street (188-436) regarding his exemption request to replace an existing deck, construct and attach a porch to the deck, install a retaining wall and backfill the area to install a shed. The Commission determined the activities qualified as an exemption subject to the installation of erosion and sedimentation controls adjacent to the proposed retaining wall. • A discussion was held with Mr. Steven Uliss, 148 Hayward Street (188-1454) regarding his exemption request to install an outdoor kitchen, remove an existing wall, and install a new wall without changing the existing patio footprint. A discussion was held about ensuring that the existing stone line trench noted on the plans does not get impaired from the activity. The Commission determined the activity qualified as an exemption. • A discussion was held with Mr. John Murray, 18 Hearthstone Road (188-1642) regarding his Request for Certificate of Compliance application. A discussion was held about the Lucas Environmental memo dated 15 April 2021. It was noted the fence on the as-built should be identified as a permanent immovable barrier (PIB) and the depositing of landscape debris over the fence shall cease & desist immediately. A discussion was held about the limit of work (LOW) being approved at 40 feet and the as-built plan identifying that the lawn was installed beyond the approved LOW and up to the Hopkinton Conservation Commission 27 April 2021 Page 7 of 7 grandfathered residential set-back of 25 feet. A discussion was held about whether any additional trees were removed as part of the project. Mr. Murray noted the plan would be updated to identify the fence as the PIB and that he does not believe additional trees were removed as part of the project. The Commission determined that the area of lawn that was installed beyond the approved 40 foot LOW needs to be permanently restored and that the applicant needs to submit a mitigation planting plan for the review of the Conservation Staff. A review of the mitigation planting area shall be performed prior to any further review of the Request for Certificate of Compliance application. • A discussion was held about the 31 March 2021 and 20 April 2021 reports that BETA Group provided to the Principal Planner regarding suspended sediments that eroded from the Pulte Homes, Legacy Farms North (188-1593) project and entered mapped wetlands. The Commission determined to invite the applicant to attend a violation discussion to review the violation. • A discussion was held about why a discussion of the status of the Petrozzi, 0 Leonard Street (HCC File Numbers 33, RDA 2010-3) project was not listed on the agenda. Mr. Barnes noted the applicant had been working to make needed repairs on the erosion control barrier in a timely manner and given the extent of items listed on the agenda, he decided not to list the discussion as an agenda item. Mr. Barker-Hook noted that with each repair, it appears the erosion controls may be getting closer to the wetlands. It was noted that such issues should be noted by the SWPPP Inspector and that the Conservation Staff will review the matter. • A discuss was held about erosion controls still in place on the town-owned parcel, 0 McDermott Lane (U22 5 A). Mr. Ciriello noted that he will let the Upper Charles Trail Committee know that the no longer needed erosion controls should be removed. • A discussion on the status of the Parks & Recreation, 4 Lake Shore Drive (Sandy Beach) (188-1512) project was tabled to a future meeting. • The review of the draft minutes for 06 April 2021 as tabled to a future meeting. Adjourn: 11:03 PM