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HomeMy Public PortalAbout20230425 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission April 25, 2023 Page 1 of 6 April 25, 2023 Called to Order: 7:00 PM Remote Via Zoom Adjourned: 8:57 PM Members Present: Jeffrey Barnes, Ted Barker-Hook, Jim Ciriello, Ed Harrow, Janine LeBlanc, Melissa Recos, Kerry Reed, Joe Orzel: Lucas Environmental, Kim Ciaramicoli: Conservation Administrator, Anna Rogers: Environmental & Inspectional Services Coordinator Members Absent: none 7:05 PM Commission Business • Mr. Barnes stated the meeting is being conducted remotely consistent with An Act Extending Certain Covid-19 Measures Adopted during the State the of Emergency. He stated 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 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 – 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: Ms. Rogers – present, Ms. Ciaramicoli – present, Mr. Orzel – present • Signed the documents: Mr. Barker-Hook made a motion to have Ms. Ciaramicoli sign the following documents on the Commission’s behalf. The motion was seconded by Mr. Harrow and it passed unanimously in a roll call vote. - 188-1803, EL Harvey, Inc, 35 Parkwood Drive - After-the-fact Order of Conditions - 188-1804, Elm Street Capital, 86 Elm Street - Order of Conditions - 188-1792, The Trails, LLC, 0 Wilson St (R8 37 0) - Order of Conditions - 188-1673, Reynolds, 4 Yale Road - Certificate of Compliance 7:05 PM MacEachern, 55 North Mill St RDA 2023-4 Request for Determination of Applicability Norman Hill, Land Planning, Inc. Mr. Hill gave an overview of the Request for Determination of Applicability and site plan dated March 24, 2023 for an inground pool within the existing lawn area. He noted erosion controls have been added to the plan and around the stock pile area as requested. The Commission reviewed the Lucas Environmental comments dated April 25, 2023. Mr. Orzel reviewed the following: Hopkinton Conservation Commission April 25, 2023 Page 2 of 6 - Proposed retaining walls around pool, but no details provided - Notes on the site plan indicate the existing tree line is LOW - Is anything proposed outside the erosion controls? - Permanent Immovable Barrier (PIB) detail, but no locations identified on the plan Mr. Hill clarified the existing lawn area is much larger than the pool limit of work, but wanted to keep the erosion controls at the 50 foot buffer zone line. The Commission determined a drywell for pool water backwash is required. Mr. Hill was not able to explain why the original house construction did not received approval from the Commission. Ms. Reed arrived at this time. A discussion was held regarding the existing lawn edge being 20 feet off the resource area. Mr. Hill stated he will request the applicant to reclaim a 10 foot strip along the existing tree line. The Commission determined the PIB’s should be placed on that new lawn edge, every 30-40 feet. Mr. Barker-Hook made a motion to continue to hearing to May 16, 2023. The motion was seconded by Mr. Ciriello and it passed unanimously in a roll call vote. 7:17 PM Hopkinton Parks & Recreation, 4 Lake Shore Drive DEP File No. 188-1807 (Sandy Beach) Notice of Intent Jay Guelfi, Parks & Recreation Director Mr. Guelfi gave an overview of the Notice of Intent application and site plan. He reviewed the following: - Proposed seasonal dock near the boat launch - Dock large enough to extend over the bank for no permanent disturbance The Commission determined that Lucas Environmental does not need to review the application. Ms. Ciaramicoli stated the proposed work area includes Land Under Water, Bank and Bordering Vegetated Wetland (3-5 ‘) resource areas. She stated the end of the ramp to the dock will span the BVW to the adjacent upland. She stated there will be approximately 1 (one) square foot of disturbance within Land Under Water for the baseplates. Mr. Ciriello stated the proposed dock will help limit sediment disturbance with boats. Mr. Guelfi stated the dock will be stored the DPW for the winter. Mr. Barnes noted a Chapter 91 Waterways Permit from the State is also required. Mr. Ciriello made a motion to continue the hearing to May 16, 2023 due to the lack of a DEP File number. The motion was seconded by Mr. Harrow and passed unanimously in a roll call vote. 7:26 PM Laborers, 37 East Street (Utilities) DEP File No. 188-1739 Amended Notice of Intent Vito Colonna, Connorstone Engineering Mr. Colonna gave an overview of the Amended Notice of Intent application and site plan dated March 28, 2023. Proposed amendments to the existing Order of Conditions consist of the need for Hopkinton Conservation Commission April 25, 2023 Page 3 of 6 additional conduit within the existing gravel driveway between the Crane Building and the Merloni Building, north of the main pond. The Commission reviewed the Lucas Environmental memo dated April 25, 2023. Mr. Orzel stated trench details are lacking and Mr. Colonna stated the trench will be 2 feet deep and is expected to be going over the existing drain line in the area. Mr. Orzel stated that Plan note #7 says gas line not electric line. He recommended frequent monitoring of the erosion controls during the project. Mr. Barnes stated Commission Staff have reached out to DEP for clarification on cumulative impacts, especially to the Bank, and was advised the applicant needs to provide that information to the Commission. Ms. Ciaramicoli stated she feels the amendment is relatively minor, but all the activities combined on the site are not insignificant and there are performance standards for work in riverfront areas. She stated the Commission need to know whether the performance standards are being met. Any Riverfront Area impacts within future new NOI filings will need to be quantified cumulatively. Mr. Barker-Hook made a motion to close the hearing and issue an Amended Order of Conditions. The motion was seconded by Mr. Ciriello and a unanimous roll call vote was held. Mr. Harrow made a motion to have Ms. Ciaramicoli sign the Amended Order on the Commission’s behalf. The motion was seconded by Mr. Barker-Hook and a unanimous roll call vote was held. 7:35 PM Jackson, 132 Clinton Street DEP File No. 188-1707 Amended Notice of Intent - continuation The hearing was continued without discussion to December 19, 2023. 7:35 PM 30 West Main St; 0 West Main St; 0 Elm St DEP File No. 188-1795 Abbreviated Notice of Resource Area Delineation – continuation Andrew Thibault, Goddard Consulting Mr. Thibault gave an overview of the site plans revised through April 19, 2023. He gave an overview of the project history including the changing of consultants and reviewing the site with Lucas Environmental. Mr. Thibault stated there are two isolated wetlands near the existing single family house and they were evaluated for vernal pools characteristics, but the characteristics were not present. He stated a large portion of the streams on site are mapped as intermittent, but were found to be perennial where they combined. Mr. Orzel noted Flags V1 and V8 should be open ended, not connected. He noted Flag A52 is missing, but shouldn’t impact the limits of the buffer zone on the subject property. A discussion was held in regards to the Bordering Land Subject to Flooding and the base flood elevation being assumed and not based on mapping from FEMA or a formal hydrologic study. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Resource Area Delineation, noting the BLSF base elevation not being confirmed. The motion was seconded by Ms. LeBlanc and it was passed by everyone except Mr. Ciriello who abstained in a roll call vote. Mr. Barker -Hook made a motion to have Ms. Ciaramicoli sign the Order of Resource Area Delineation on behalf of the Commission. The motion was seconded by Ms. LeBlanc and it passed unanimously in a roll call vote. Hopkinton Conservation Commission April 25, 2023 Page 4 of 6 7:45 PM Singh, 42 Greenwood Road DEP File No. 188-1801 Notice of Intent - continuation Harpreet Singh, applicant; Paul McManus, EcoTec Mr. McManus gave an overview of the site plans revised through April 21, 2023. He reviewed the following: - Grading the property with a half % slope to the Northeast to gently flow away from the neighbor’s property - Proposing to pull the existing boulder wall back slightly from the resource area - Overview of the proposed plantings and seed mix - Structural engineer has designed the walls - Added PIB’s along the court, in front of the plantings Mr. Orzel noted he hasn’t had a chance to review in detail, but nothing jumped out. A discussion was held regarding the Mr. Barker-Hook’s concern about water running off the court, down the wall and into the resource area and at what velocity. Mr. McManus stated he doesn’t feel risk of getting a concentration of flow and there will be crushed stone before the wall to help infiltrate. Mr. Orzel stated there is likely to be thin sheet flow of the court, but with stone along the edge, that should help enhance spreading the flow. Ms. Reed stated there looks like enough engineering care with the project design and she doesn’t see a problem, but if any rills should show up, they should be taken care of right away. Ms. LeBlanc asked about the 2020 violations for tree removal. She stated she remembered the Commission saying a tennis court wasn’t allowed, but now the Commission is considering it? She asked if the Conservation Restriction (CR) was also on a portion of 42 Greenwood Rd. were there any restrictions as part of the original Order of Conditions. Mr. McManus stated there is no CR on 42 Greenwood Rd. He stated he wasn’t part of the original violation discussion, but wasn’t aware of any prohibitions on filing. Mr. Singh stated there are no stamped plans on file with the Town showing the PIB. He stated he was advised to get the wetland line re-established in order to put the PIB back in place. Ms. Ciaramicoli stated when the work was discovered, the applicant was required to stop work and stabilize the property, which was done. Mr. Barker-Hook stated he remembered the discussion of a tennis court and it not fitting on the property. Mr. Harrow stated he reviewed the old files and while not happy with the application, he will go along with the feelings of the majority of the Commission. Ms. Ciaramicoli asked if a portion of the erosion controls are in the resource area. Mr. McManus stated he wanted to add something at the bottom for when the boulder wall is moved. Ms. Ciaramicoli requested Lucas Environmental be able to review the revised information. In response to a question, Mr. McManus stated the plantings will be herbaceous seeding and shrubs, but can focus the herbaceous plants on pollinators. Mr. Barnes stated given the amount of work in the buffer zone, the Commission requests a construction sequence be submitted. Mr. Barker-Hook made a motion to continue the hearing to May 16, 2023. The motion was seconded by Mr. Harrow and it passed unanimously in a roll call vote. 8:11 PM Phosphorex LLC, 35 Parkwood Drive DEP File No. 188-1800 Notice of Intent - continuation Doug Hartnett & Nick Kondek, Highpoint Engineering Hopkinton Conservation Commission April 25, 2023 Page 5 of 6 Mr. Hartnett gave an overview of the site plans revised through April 24, 2023. He stated the Board of Appeals and the Planning Board have both issued approvals on the project. He stated regarding the previous discussion for opportunities to improve the existing conditions at the property he stated there are 12 catch basins with sumps at 30 inches. He stated there is sediment accumulation and the applicant will be retrofitting them with oil/debris separator and bringing them up to a more traditional design. Mr. Barnes thanked the applicant for the efforts on upgrading the catch basins. Mr. Orzel stated it appears all comments have been adequately addressed. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions. The motion was seconded by Ms. Reed and it passed unanimously in a roll call vote. Mr. Barker-Hook made a motion to have Ms. Ciaramicoli sign the Order of Conditions on behalf of the Commission. The motion as seconded by Ms. Reed and it passed unanimously in a roll call vote. 8:16 PM Commission Business – continued • Kimball Road tree cutting. Mr. Barnes read the press release statement released by the Town of Hopkinton. He stated the Commission has no authority over the project as DCR is the issuing authority over Forest Cutting Plans. He stated the situation is unfortunate as the Commission works hard to protect the natural resources and reassured the residents that the Commission is not happy about it. Michael Cooper, 25 Smith Rd, stated the work came as a shock to the neighbors. He stated the abutters were notified in 2020 of the plan and in 2021 a Planning Board subdivision application was submitted to freeze the zoning in order to build a solar farm. He stated nothing has been said/done for two years until the trucks showed up and started cutting. He stated that while the Town doesn’t have any authority over the permit, the Town should have and could have provided comments. He stated he spoke to Mike Downey, Forester and Jennifer Fish, Supervisor, who stated the Town can submit requests to amend the plan. He stated they are currently allowed to cut right up to the wetlands. He stated he is requesting the Town discuss the plan with DCR. He stated if the intent is to change the land use, then the permit is void. He stated since the solar company is still active, then the cutting should be stopped. He stated he is hoping the Town will support the neighbors in asking for some buffer zone to be preserved. He stated he understands the property is privately owned, but just like any other land owner, there is responsibility from the Commission to address DCR. Mr. Barnes stated it is unfortunate the Town doesn’t have the authority to regulate the forest cutting plan. He stated the Commission does not have the authority to access the property. He stated that if at some point in the future a project is proposed, then the Commission and Town will have recourse to require the property owner to do buffer zone mitigation. Ms. Ciaramicoli stated Staff has spent significant time and resources dedicated to this process and how to address it. She stated she has spoken to DCR on many occasions, noting that Forest cutting is a legal practice. She stated the land owner is not required to notify of an extension to the permit issued in 2020. She stated since there is no active subdivision plan or other application on file, DCR does not consider the property as qualifying as a change of Land Use. She stated the previous Conservation Administrator did notify DCR of the subdivision filing in 2021. She stated DCR is open to taking comments at any time, but if DCR requested anything from the land owner at this time, it would be a request only, not a requirement. She stated she will be issuing comments to DCR, but really feels the Staff and Commission has done all they can at this time. Hopkinton Conservation Commission April 25, 2023 Page 6 of 6 Brooke Ferencsik, 15 Smith Rd, stated he is frustrated by the lack of notification and doesn’t understand why the Commission’s buffer zones don’t exist. He stated the Town should be cautionary as there are horrible solar projects in surrounding Towns. He stated if the Commission’s hands are tied to modify buffer boundaries, are there any proactive measurers the Commission can take such as considering acquisition of the property. Mr. Barnes stated the Town buying land is a process including the owner being willing to sell the property, determining fair market value and obtaining funding. He stated with limited notice, there is not much time for the Town to act. He stated he understands the residents frustration, but the Town’s hands are tied. Mr. Harrow stated he is the Open Space Preservation Commission Chair and he echo the frustrations that are involved in acquiring land. Ms. Ciaramicoli stated the Zoning Advisory Committee had considered a tree clearing bylaw, but due to lack of support, it fizzled before getting to Town meeting. She suggested residents reach out to John Gelcich. Mr. Barker-Hook stated he spearheaded the Tree Protection goals. He stated ZAC is on hiatus currently for Town Meeting, but he is behind the scenes trying to restart the discussion. Ms. Recos cautioned that Town Bylaws wouldn’t stop DCR permits and the residents would need to contact their State Representatives, to voice their concerns. Mr. Barnes stated changes would need to be made regarding the DCR permitting process. Ms. LeBlanc asked what happens if an applicant files for the solar on that property and wouldn’t that be a change of use. Ms. Ciaramicoli stated there is no look back period and it would only be considered a change in use if it was a current applicant while the cutting was ongoing. Ms. LeBlanc stated that is a huge loophole. 8:45 PM – Executive Session Ms. LeBlanc made a motion to enter into Executive Session in order to discuss strategy with respect to litigation since an open meeting may have a detrimental effect on the litigating position of the Commission and to not return to public session. The motion was seconded by Mr. Ciriello. A roll call vote was taken as follows: Mr. Barker-Hook – yes Mr. Barnes – yes Mr. Harrow – yes Ms. LeBlanc – yes Ms. Reed – yes Mr. Ciriello – yes Ms. Recos – yes Adjourn: 8:45 from Public Session and 8:57 from Executive Session