HomeMy Public PortalAbout20230411 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON
CONSERVATION COMMISSION
TOWN HALL 18 MAIN STREET
HOPKINTON, MASSACHUSETTS 01748
Tel: 508-497-9745
Hopkinton Conservation Commission
April 11, 2023
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April 11, 2023 Called to Order: 7:05 PM
Hopkinton Senior Center, 28 Mayhew Street Adjourned: 9:38 PM
Members Present: Jeffrey Barnes, Ted Barker-Hook, Jim Ciriello, Ed Harrow, Janine LeBlanc, Kerry
Reed, Joe Orzel: Lucas Environmental, Kim Ciaramicoli: Conservation Administrator, Anna Rogers:
Environmental & Inspectional Services Coordinator
Members Absent: Melissa Recos
7:05 PM Commission Business
• The Commission signed the following documents:
- RDA 2023-3, Baldiga, 67 Oakhurst Rd - Negative Determination of Applicability
- 188-1802, Goel, 56 Downey St - Order of Conditions
- 188-1649, The Trails, LLC, 0 Legacy Farms North - Amended Order of Conditions
• Draft Minutes for Review. Mr. Barker-Hook made a motion to approve the Minutes of
January 24, 2023 and February 7, 2023. The motion was seconded by Mr. Ciriello and passed
unanimously.
• 188-1469 and 188-1507 – Discussion – Legacy Farms Roadway North and South Mitigation –
discussion. Mark Arnold, Goddard Consulting; Erik Swenson, Legacy Farms LLC. Mr. Arnold
gave an overview of the following:
- Overview on the current status of the replication areas
- Proposing 2 years of Invasives Species monitoring, then have Lucas Environmental
review and potentially end monitoring prior to year 5
- Discussed Bank Mitigation:
- M2 – bank restoration and invasive species mitigation
- M3 – invasives species mitigation and some restoration work along
an existing ditch
- Will be quantifying the changes in the wetlands since the proposal was approved initially
Mr. Orzel stated M1 was not included in the invasive species mitigation plan, but should be
included due to the amount of bittersweet in it. Mr. Arnold stated he has reviewed the area and
feel the applicant has already completed enough mitigation. Mr. Barnes stated if the invasive
species expands, it will need to be addressed. In response to a question, Mr. Arnold stated the
applicant will remove the invasives, roots, stumps, etc, then plant natives around the area. He
stated they have seen multiflora rose, oriental bittersweet and glossy buckthorn. Mr. Harrow
asked if there is any Japanese knotweed. Mr. Arnold stated there was none in the mitigation areas
as of 2 years ago but there is some on the general property. He noted they can add knotweed
mitigation in the specified areas, but not on the entire site.
The Commission determined to have Goddard Consulting, Lucas Environmental and the
applicant work together on the project.
Hopkinton Conservation Commission
April 11, 2023
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7:17 PM Singh, 42 Greenwood Road DEP File No. 188-1801
Notice of Intent
Harpreet Singh, applicant; Paul McManus, EcoTec, Inc.
Pernas Khor, daughter of the applicant, read a letter dated April 11, 2023 regarding her tennis interest and
why it is important for her to have a tennis court on the property.
Mr. McManus gave an overview of the Notice of Intent and site plans dated March 3, 2023.
- Existing single family house with a significant retaining wall and open mowed area below the
wall
- Proposing to grade and fill the lower area for the project, keeping outside the 50 foot buffer zone
- Accessing the work area from the HALT easement
- Proposing shrub plantings and a native herbaceous mix as mitigation. Fifty-foot buffer zone will
be permanently left undisturbed.
The Commission reviewed the Lucas Environmental comments dated April 6, 2023. A discussion was
held regarding the need to add some additional flagging to extend the resource line, but Mr. McManus
noted it wouldn’t change the buffer zone impacts and he wasn’t aware of the property line location at the
time of the flagging. A discussion was held regarding the proposed fence serving as the PIB. A
discussion was held regarding the need for an engineer stamped on the proposed new wall. In response to
a question, Mr. McManus stated there are no concerns over stormwater running onto adjacent lots.
The Commission indicated they would like to see a more robust mitigation planting plan.
Ms. Ciaramicoli noted the site has had a history of work without permits in the past:
- Tree clearing was done without a permit
- Don’t know exactly the extent of the true lawn vs fill material
Mr. Singh stated there was work done prior to his ownership. He stated he did some tree cutting and was
stopped in 2020 and told to stabilize the site and file a permit application.
Ms. Ciaramicoli asked if there any ability/willingness to provide more substantial restoration in the 0-25
foot buffer zone. Mr. Barnes also expressed concerns with the plantings surviving in the fill material
area. Mr. McManus stated the applicant is proposing the plantings above the boulder wall.
Mr. Harrow asked if there was supposed to be a PIB on the original house construction. Ms. Ciaramicoli
stated the original plans show an PIB at the 50’ on the approved plan. She noted the resource areas have
fluctuated over time and its hard to determine where that line would be today.
Mr. Singh stated he is happy to plant in the access area if the Commission wants, although he needs to
keep access to the wall for repairs. The Commission determined they want the PIB extended to the
easement to help prevent further encroachments at 40 foot increments along the whole buffer zone.
The Commission determined to have a special condition for density of plantings, using the DEP
guidelines – 8’ on center for shrubs and 10-12 feet for trees, along with 3 years of monitoring.
Mr. Harrow asked if porous pavement was an option and Mr. McManus stated it would be difficult due to
the nature of the fill.
Hopkinton Conservation Commission
April 11, 2023
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The Commission determined an engineered stamp is needed for the wall prior to closing the hearing. Mr.
Barker-Hook asked if planting could be added to the northwest corner of the property behind the fence.
Ms. Ciaramicoli stated the project consists of a significant amount of impervious area and work within
50-100. She noted the area has been filled previously and she would suggest removing the fill and
bringing the topography back to the original design.
The Commission requested the fill be removed where it is possible, potentially adjusting the existing
boulder wall. Mr. Singh stated the area wouldn’t be able to be accessed from above and he was asked to
have his engineer look into it.
Mr. Barker-Hook made a motion to continue the hearing to April 25, 2023. The motion was seconded by
Ms. Reed and it passed unanimously.
8:06 PM EL Harvey, 35 Parkwood Drive DEP File No. 188-1803
After-the-fact Notice of Intent
Lisa Irwin, Clean Harbors; Melissa Santiago, EL Harvey
Ms. Irwin gave an overview of the Notice of Intent application and site plans dated March 6, 2023. She
reviewed the following:
- December 2022 release of hydraulic fluid
- Fluid flowed with stormwater during a rain event into the catch basin and drainage line to an
outfall that leads to a vegetated wetland infested with phragmities
- Fire Department helped with cleanup efforts at the outfall
- Commission issued an Emergency Certificate for the cleanup and determined to file a Notice of
Intent application
- Approximately 10 gallons that was spilled
The Commission reviewed the Lucas Environmental comments dated April 6, 2023.
Ms. Irwin stated the area noted in the comments that wasn’t seeded has now been seeded. She stated the
sheen on site last week seems to be from natural bacteria. She stated she is confident the site has been
satisfactory remediated and will forward completed statements once they are ready.
Ms. LeBlanc made a motion to close the hearing and issue an Order of Conditions. The motion was
seconded by Mr. Harrow and it passed unanimously.
8:19 PM Phosphorex LLC, 35 Parkwood Drive DEP File No. 188-1800
Notice of Intent
Doug Hartnett & Nick Kondek, Highpoint Engineering; Bill Cullerton, Addison-Young; Victor Galvani,
owner
Mr. Hartnett gave an overview of the Notice of Intent application and site plans revised through
April 11, 2023. He reviewed the following:
- Proposing two concrete pads for mechanical equipment
- Proposing egress stairs for code upgrades
- Will also need Board of Appeals and Planning Board approval
- Required to add screening from Parkwood Drive, including shifting the existing mound closer to
the street and adding plantings on top
Hopkinton Conservation Commission
April 11, 2023
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- All work proposed will be out of the 50 foot buffer zone and within previously disturbed areas
The Commission reviewed the Lucas Environmental memo dated April 6, 2023. Mr. Orzel stated he
requested one minor delineation change, which has been added to the plans. He stated there are large leaf
dump piles on site. He asked the applicant why they feel they are exempt from the stormwater
management regs.
Mr. Hartnett confirmed the delineation has been addressed. He stated the property owner will be
addressing the leaf dumping with the landscapers. He stated the concrete pad locations are diminimus in
relation to the property as a whole, but the applicant is willing to propose a gravel infiltration trench
around the perimeter of the pads. He noted the stairs will be tied directly into the existing drainage
system.
Ms. Ciaramicoli asked if the property owner is willing to upgrade any of the stormwater management
systems on site, such as deep sump catch basins. Mr. Hartnett stated likely not due to the age of the
property. The Commission asked to look into rain gardens and/or low impact development techniques, or
for the maximum extent practicable. Mr. Hartnett stated a rain garden won’t help the site as there is no
dirty water in that location. He stated he is happy to look for other areas on the site to clean up, etc. The
Commission stated they aren’t looking for a full upgrade, but incremental improvements over time.
Mr. Harrow made a motion to continue the hearing to April 25, 2023. The motion was seconded by Mr.
Ciriello and it passed unanimously.
8:35 PM Elm Street Capital, 86 Elm Street DEP File No. 188-1804
Notice of Intent
Michael Dryden, Allen Engineering; Spencer Slotje, Elm Street Capital
Mr. Dryden gave an overview of the Notice of Intent application and site plans revised through March
13, 2023. He reviewed the following:
- Proposed Building outside the Buffer Zone
- Wetlands adjacent to Route 495
- Proposed Building located in existing grassed area
- 50 foot no disturb zone being respected
- Existing septic system being removed that was feeding two other buildings on the property
- Connecting the existing buildings and the proposed building to Town Sewer.
The Commission reviewed the BETA comments dated April 10, 2023. The Commission reviewed the
Lucas Environmental comments dated April 6, 2023. Mr. Orzel stated there was one flag that was low by
about 10 feet. He stated there is significant leaf dumping into the resource area that should be removed.
He questioned a break in the erosion controls on the plan. Mr. Dryden stated the moved flag didn’t affect
the buffer zones. He stated the leaf piles would be difficult to remove due to the existing fence, but the
applicant will ensure no further dumping.
The Commission requested the applicant review any potential opportunities to enhance the stormwater
infrastructure on site. Mr. Dryden stated the applicant didn’t contemplate looking for areas of
improvement on site. Mr. Barnes suggested the applicant look into adding some country swales or rain
gardens adjacent to the construction area. Ms. Ciaramicoli noted the following:
- Stormwater management permit was applied for and has been reviewed by BETA
- Planning Board will also review the site for low impact development techniques
- No tenant specified which could lead to a higher pollutant load
Hopkinton Conservation Commission
April 11, 2023
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- Special condition to address certain uses of the property
- SWPPP required prior to construction
Mr. Harrow made a motion to close the hearing and issue an Order of Conditions subject to the noted
special conditions. The motion was seconded by Mr. Ciriello and it passed unanimously.
8:52 PM Rowland, 27 Woody Island Road DEP File No. 188-1805
Notice of Intent – continuation
The hearing was continued to May 16, 2023 without discussion.
8:52 PM 30 West Main St; 0 West Main St; 0 Elm St DEP File No. 188-1795
Abbreviated Notice of Resource Area Delineation – continuation
The hearing was continued to April 25, 2023 without discussion.
8:53 PM The Trails, LLC, 0 Wilson Street (R8 37 0) DEP File No. 188-1792
Notice of Intent – continuation
Peter Bemis, Engineering Design Consultants
Mr. Bemis gave an overview of the site plans dated revised through March 16, 2023. He reviewed the
following:
- Basin 1 from the Trails designed to discharge to an existing intermittent channel along the
Ashland Lagoon Driveway
- Additional natural wet area extending from the development to the Trails/Town of Ashland
property line with an intermittent channel that meets up with the Lagoon driveway drainage, then
into a culvert that runs under the roadway and to the Reservoir.
- Ashland has approved the removal of a culvert and the creation of an open channel under a
separate Notice of Intent
- Proposed work is being designed to manage an 8+ inch rain event
- Existing very steep slope, very challenging work area with a 2:1 channel
- Proposing a 1:1 banked channel with 4 foot bottom
- Installing a water conveyance system that can properly move the water
- Discussed proposed planting area using transition plantings
- Water still being picked up coming off the lagoon driveway
- If water exceeded the 100 year storm, the new design can be handled if needed.
Ms. Ciaramicoli stated the proposed work areas has been historically altered over time. She asked the
Commission to discern if the proposal is an improvement overall.
A discussion was held regarding the timing of the stormwater infrastructure changes at the Trails, 188-
1649. Mr. Bemis stated Basin 1 in the Trails will be completed prior to Building starts on Phase 4. The
Commission determined that no more than ½ of the Phase 4 units can be constructed until this
infrastructure work has been completed. The applicant was encouraged to use proper construction
phasing on the project.
A discussion was held regarding the outstanding fines from 2021. Ms. Ciaramicoli noted the applicant
has asked to perform off-site mitigation in lieu of the fines. Mr. Bemis stated the applicant will be taking
on a considerable expense with the mitigation. The Commission determined to table the fines discussion
to a future meeting.
Hopkinton Conservation Commission
April 11, 2023
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Mr. Ciriello made a motion to close the hearing and issue an Order of Conditions. The motion was
seconded by Ms. Reed and it passed unanimously.
9:18 PM Commission Business – continued
Mr. Orzel left the meeting at this time.
• College Rock – Ms. Ciaramicoli gave an overview of the discussion from the last meeting and
reviewed the following:
- Met with Parks & Recreation and also with the Accounting Team and Assistant Town
Manager
- No current policy for using public land for paid services
- Commission would need to establish a policy, parking, permitted uses, etc.
- Commission would need to determine who gets a permit and who doesn’t
- Currently Parks & Recreation doesn’t rent spaces to out of town groups
- Parks & Recreation doesn’t carry an additional insurance for people using the facilities
- Commission should consider putting up signage regarding Using Space At Own Risk, etc
- Regarding fees – there isn’t any existing accounts that allow the Commission to collect a fee
- The options would be to have any fees go into the general fund, or establish a new account at
Town Meeting
- Another option would be to request the applicant post a bond or make a donation for the use
- If the Commission issues a permit, we would need to potentially advertise for the use to make
it fair for everyone
Mr. Ciriello stated calling out the risk could potentially lead to more liability for the Town. He
stated the area is supposed to be for passive recreation and he is not happy with the idea. Ms.
Reed asked if the Commission could coordinate with Parks & Recreation to manage it. Ms.
Ciaramicoli stated there will a change in Director shortly, but she can request a discussion. Mr.
Harrow stated he’d like to see an account created. Ms. Ciaramicoli stated the Commission
doesn’t have any land management budget money.
Ms. Reed made a motion to allow groups to use the facilities. The motion was seconded by Mr.
Harrow and was passed by everyone except Mr. Ciriello who opposed.
Ms. Reed made a motion to not collect fees for 2023. The motion was seconded by Ms. LeBlanc
and was passed by everyone except Mr. Ciriello who opposed.
The Commission noted to request that anyone using the facilities carpool as parking is limited.
• 188-1673, Reynolds, 4 Yale Road – Request for Certificate of Compliance. The Commission
reviewed the Lucas Environmental memo dated April 6, 2023. Ms. Ciaramicoli stated the project
is ready for Compliance. Ms. LeBlanc made a motion to issue the Certificate of Compliance.
The motion was seconded by Ms. Reed and passed unanimously.
Adjourn: 9:38 PM