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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 Page 1 of 6 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 Page 2 of 6 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 Page 3 of 6 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 Page 4 of 6 - 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 Page 5 of 6 - 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 Page 6 of 6 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