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
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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
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- 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
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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
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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
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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