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HomeMy Public PortalAbout20230627 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission June 27, 2023 Page 1 of 7 June 27, 2023 Called to Order: 7:00 PM Remote Via Zoom Adjourned: 9:19 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 7:00 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 – present, Mr. Barnes –present • A Roll Call was held for staff: Ms. Rogers – present, Ms. Ciaramicoli – present, Mr. Orzel – present • 188-1677, Marusa, 2 Peter Porcaro Drive – Request for 1 year Extension Permit. The request was continued to September 26, 2023. • 188-1697, 188-1698, 188-1699, Hughes, 47 Stoney Brook Rd – Request for Extension Permit – continuation. Jamie Hughes, owner/applicant. Ms. Ciaramicoli stated the site was very open a month ago. She stated she revisiting today and the applicant is making good progress. She stated she would recommend a 1 year Extension and have the applicant file for a Certificate of Compliance once the site is stabilized. Ms. Hughes stated she is working to get a well issue straightened out shortly and finish the stabilization. Ms. LeBlanc made a motion to issue a one Year Extension Permit. The motion was seconded by Mr. Ciriello and a unanimous roll call vote was held. • 188-1716, Claro/Hariharan, 234 Hayden Rowe, Request for Certificate of Compliance - continuation. Praveen Hariharan, owner. Ms. Ciaramicoli gave an overview of the following: - Commission asked for Permanent Immovable Barrier (PIB) to be relocated around the propane tank, back to the 100 foot buffer zone - Commission asked for more substantial PIB markings - Applicant placed wood chip mulch in the area of the buffer zone where the Commission had approved the removal of risk trees Hopkinton Conservation Commission June 27, 2023 Page 2 of 7 - Applicant removed the understory, including shrub, vine, and herbaceous layer in the area as well - Mulch appears to be within 20-30 feet of the resource area - Homeowner is planning on filing a Notice of Intent (NOI) application to keep the area clear Mr. Barnes asked Mr. Hariharan if he understands the intent of the PIB. Mr. Hariharan noted the following: - Amenable to move the PIB and added wooden posts with 4 foot reveals. - He understands the logic regarding the no disturbance - Once the trees were removed, reptiles moved into the area with the weeds - Don’t want to risk having the snakes - Tree removal letter said the area can be mulched Ms. Ciaramicoli stated there is standard language in exemption letters that stay to stabilize if area is disturbed. She stated there was some confusion on the stabilization verse mulching activity. Mr. Barnes stated both native and invasive understory was removed with the trees. He stated there should be no disturbance or incursion beyond the PIB. He stated The Commission did approve the hazard trees to be removed, but didn’t approve the entire area to be cleared and mulched. He stated he understands the applicant is planning on filing a Notice of Intent and he has every right to do so, but the Commission made it very clear upon construction of this house that they thought the house was too large and future residents would want a larger yard, but the builder moved forward as permitted with a small yard. Ms. LeBlanc the trees were removed from the woods and not in a landscape/lawn area. She stated the area should not be seeded or mulched. Ms. Recos stated if an NOI is not submitted, the Commission needs to follow up with Restoration/Enforcement. Ms. Ciaramicoli asked the Commission how they’d like to proceed with the Certificate of Compliance (COC) request. Mr. Barnes stated it needs to stay open at this point. He stated he doesn’t think the applicant has met the criteria for completing the COC based on the mulch in the buffer zone, past the limit of work. Mr. Barker-Hook stated the property is further from meeting the conditions for compliance, it is going in the wrong direction. Mr. Harrow stated he would not approve a COC at this time. Mr. Ciriello stated he wouldn’t issue a COC yet. Mr. Barnes stated he would wait until the expected NOI has been decided. Ms. Ciaramicoli suggested that if the property owner is working towards compliance, then hold off on enforcement and show good faith, but if there is an extended timeline, then the Commission should start the conversation about enforcement. Mr. Barnes stated he would like to see an application submitted by end of August. Ms. Recos stated even an informal discussion with a sketch plan may be helpful to start the conversation. Mr. Hariharan asked what the process would be for him to move forward as the Commissions has already seen the work and he did it for safety reasons. Mr. Barnes stated once an application is submitted, the Commission will have a discussion and vote on the application. Mr. Barker-Hook stated the applicant can also restore the area and ask the Commission to issue the COC. Mr. Ciriello stated the wood chips are removed the area will grow back and the applicant can add some plantings. Ms. Ciaramicoli noted the approval for the hazard tree removal included the planting of 14 mitigation shrubs behind the PIB. Hopkinton Conservation Commission June 27, 2023 Page 3 of 7 7:32 PM Clerici, 8 Clinton Street DEP File No. 188-1806 Notice of Intent Marcio Clerici, applicant; Karon Skinner-Catrone, Representative Ms. Skinner-Catrone gave an overview of the Notice of Intent and site plans dated May 3, 2023. She reviewed the following: - Existing single family house with failed septic system - Need to remove one, 12 inch tree - Applicant removed soil from a crawl space to within 25’ of the resource area without understanding the buffer zone - Proposing to remove invasives - Proposing pollinators and shrubs as mitigation. The Commission reviewed the Lucas Environmental memo dated June 19, 2023. Mr. Orzel reviewed the following: - He hasn’t seen the revised plans and/or mitigation - Soil disturbance within about 18 feet of the resource area - Suggested restoration and invasive species mitigation - Does the Commission want the whole 25 foot of lawn adjacent to the resource area restored - No waiver request submitted Ms. Skinner-Catrone stated the property has knotweed, buckthorn and bittersweet. She stated the applicant is proposing Blueberry bushes and some pollinators, along with a conservation seed mix. Ms. Ciaramicoli sked about knotweed management and Ms. Skinner-Catrone stated there is some located in the adjacent property and coming through in the disturbed areas. She stated they are planning on a two phase removal, starting right away. Mr. Orzel stated he would like to see more details on the invasives removal. Mr. Harrow stated he has had knotweed professionally treated and is in much reduced amounts this year. Ms. Skinner-Catrone stated the plan is to use the cut and dab method. Ms. Ciaramicoli asked if the applicant is proposing a permanent immovable barrier and explained the reason the Commission requires them and what they are, noting that fencing, boulder and medallions are common PIB examples and it is a standard condition. Mr. Clerici stated he would be ok with a PIB. Mr. Barnes stated it should be located across the whole rear of the property, in front of the restoration area. Mr. Orzel suggested a special condition on herbicide use on the invasives and the Commission should be notified as to what chemicals are being used since it is adjacent to the resource area. Ms. Ciaramicoli stated she would advise the Commission not to close the hearing since a lot of new information was just discussed and submitted and she would request time to allow Staff to review the revised information and PIB details. Mr. Clerici stated he would like to move forward since he’s been waiting a long time. Mr. Barker-Hook made a motion to continue the hearing to July 18, 2023. The motion was seconded by Ms. Reed and a unanimous roll call vote was held. Hopkinton Conservation Commission June 27, 2023 Page 4 of 7 7:55 PM Peishoff, 40 Huckleberry Road RDA 2023-6 Request for Determination of Applicability Dan McIntyre, MESS, Inc. Mr. McIntyre gave overview of the Request for Determination of Applicability and site plans revised through June 23, 2023. He reviewed the following: - Failed septic system - Proposed replacement in the same location - Resource areas across the street and adjacent to the site - Didn’t formally delineation the adjacent wetlands - Added a Permanent Immovable barrier at the edge of the existing lawn - Requesting the Commission not confirm the adjacent wetland The Commission reviewed the Lucas Environmental comments dated June 23, 2023. Mr. Orzel stated he has reviewed the revised plan and has no further comments. Ms. Ciaramicoli stated if the Commission is going to do a finding, they need to specify they are not confirming the wetland boundary. Ms. LeBlanc made a motion to close the hearing and issue a Negative Determination, without confirming the wetland delineation. The motion was seconded by Mr. Ciriello and it passed unanimously in a roll call vote. Ms. LeBlanc made a motion to have Ms. Ciaramicoli sign the Determination on behalf of the Commission. The motion was seconded by Mr. Barker-Hook and it passed unanimously in a roll call vote. 8:01 PM Carpenter, 9 Bridle Path DEP File No. 188-1810 Notice of Intent Kate Carpenter, applicant; Nicole Hayes, Goddard Consulting Ms. Hayes gave an overview of the Notice of Intent and site plan dated May 8, 2023 for an inground swimming pool. The Commission reviewed the Lucas Environmental comments dated June 23, 2023. Mr. Orzel reviewed the following: - In general agreement with the delineation, but suggests connecting flag 6 to 8 as 7 seemed low - Small piles of grass and leaves within the buffer zone - Asked what the plan is for pool water when it needs to be drained? Ms. Hayes stated the pool company said they can come and drain the pool into a water truck, so the salt water would not be discharged into the lawn and subsequent buffer zone. Mr. Barnes stated if the applicant will not be providing a drywell, then they will have to pump the water off-site. Mr. Barker-Hook asked if any grading will be needed and Ms. Hayes stated no. Ms. Recos stated pools have a standard condition for drywells and what happens for future homeowners or if the pool is converted to chlorine. Ms. Hayes stated drywells run $4-5,000 so the pool company offers the maintenance instead. Hopkinton Conservation Commission June 27, 2023 Page 5 of 7 Mr. Barnes asked if a special condition could be added that if the pool is not being maintained properly or converted to chlorine that a drywell would need to be installed. Ms. Ciaramicoli stated the special condition would be prohibiting direct discharge onto the lawn. Mr. Barker-Hook made a motion to close the hearing, issue an Order of Conditions subject to the noted special conditions and to have Ms. Ciaramicoli sign the Order on behalf of the Commission. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. 8:13 PM Laborers Training T.F., 37 East Street DEP File No. 188-1814 Notice of Intent (alternate gas line alignment) George Connors, Connorstone Engineering; Michael Avicolli, Standard Builders Mr. Connors gave an overview of the Notice of Intent and site plans revised through April 28, 2023. Mr. Connors reviewed the following: - Pending litigation for gas line under 188-1797 - Proposing a new alternative gas line from Front St to Maple Avenue. Beginning at the easternmost end of Maple Avenue, gas service crosses address 11 Maple Avenue to enter applicant’s property. Once on applicant’s property, gas service continues generally southeast, avoiding a wellhead protection area, before entering the campus proper approximately adjacent to Laurel Canyon Drive. Within the developed campus, the gas main continues on as a service line/distribution line to all campus buildings, mirroring the routes from the previously evaluated options. - Still need to directionally drill under the existing Cold Spring Brook culvert within the existing campus roadway Mr. Barnes asked if the applicant has an easement off Maple Ave. Mr. Connors stated there is no buffer zone disturbance until they get onto the existing developed campus area. He stated of the proposed work in the buffer zone is within previously disturbed areas. Ms. Ciaramicoli asked if the travel route is marked in the field. Mr. Connors stated it will be marked prior to Lucas Environmental’s review. Mr. Avicolli stated the survey work to mark the path will be completed by the end of next week. Ms. Ciaramicoli thanked the applicant for proposing an alternate solution that appears to be less impactful. Mr. Barker-Hook made a motion to continue the hearing to July 18, 2023. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. 8:22 PM Laborers Training T.F., 37 East Street DEP File No. 188-1798 Request for Amended Notice of Intent (Fire Protection Line) George Connors, Connorstone Engineering Mr. Connors gave an overview of the Amended Notice of Intent application and site plans revised through June 1, 2023. He reviewed the following: - Proposed alteration to the location of the pump station - Performed soil borings and would have to go down 20+ feet in the original location - New location just outside the Permanent Immovable Barriers (PIB) proposed from the Crane Building Project - Drilling operation itself will be starting outside the 200 foot riverfront, then running underground into the pond Hopkinton Conservation Commission June 27, 2023 Page 6 of 7 Mr. Barnes stated when Staff reviewed the application it appeared the proposed new location of the pump station is proposed within the restored riverfront mitigation area that was permitted with the Crane Building (188-1742). Mr. Connors stated the area is only 20 square feet. The Commission asked for more clarification and questioned where the mitigation would move to if needed. Mr. Connors stated the fire tank and pump house for the Crane Building won’t be constructed, so there is an alternate location there if needed. Ms. LeBlanc made a motion to continue the hearing to July 18, 2023. The motion was seconded by Mr. Barker-Hook and a unanimous roll call vote was held. 8:37 PM Rebel Hill, LLC, 188-190 Fruit Street DEP File No. 188-1808 Notice of Intent - continuation The hearing was continued without discussion to July 18, 2023. 8:37 PM Hopkinton Parks & Recreation, 4 Lake Shore Drive DEP File No. 188-1807 Notice of Intent – continuation (Sandy Beach) Ms. Ciaramicoli stated a DEP File number has been issued. Mr. Ciriello made a motion to close the hearing, issue an Order of Conditions and have Ms. Ciaramicoli sign the Order on behalf of the Commission. The motion was seconded by Mr. Barker-Hook and a unanimous roll call vote was held. 8:38 PM Commission Business – continued • HCC-35, 36, 37, Wall Street Development, 8, 10, 12 Leonard St – Violation Discussion – continuation. Lou Petrozzi. Ms. Ciaramicoli reviewed the following: - Commission member noted turbid runoff into the resource area - Violation letter issued 5/1 by Staff - Prepared a fine memo as the request of the Commission - 3 portions of the Orders that were violated - Missing SWPPP reports for 94 weeks - Applicant has removed the sediment and has installed additional erosion controls where the breach was - One house lot has received loam, seed and plantings Mr. Petrozzi stated all three houses are up and he estimates 30-45 day for final loam and seeding on two of the houses. He stated the area where the breach occurred on 8 Leonard St seems to be from additional runoff from the roadway. He stated the owner at 8 Leonard St has requested riprap be placed at the corner of the driveway and roadway. He stated the sediment did not enter the wetland at any point. He stated the erosion controls can’t hold up during these large storm events. He stated he is waiting for gas service and then will be able to finish the outside portions of the project. A discussion was held regarding riprap verse vegetation. Commission Staff prefers vegetation, but if continued sedimentation issues arise, the riprap may be beneficial. Mr. Barnes asked why the SWPPP reports haven’t been submitted. Mr. Petrozzi stated he can’t believe the Commission has not received the reports in almost two years, but feels he has sent in Hopkinton Conservation Commission June 27, 2023 Page 7 of 7 enough information to count. He stated he doesn’t feel the need to be submitting them during the winter. He stated the site is flat other than the edges near the wetland. He stated there is no erosion on the site and no water is leaving the property. Mr. Barker-Hook questioned the no water leaving the site statement and Mr. Petrozzi stated occasionally there is water in the detention area, but it has been reduced significantly than before. He stated he doesn’t feel any water is going past the Detention basin. Mr. Barker-Hook asked if SWPPP reports help determine where the water is coming from. Mr. Petrozzi stated no, noting that during significant events, the water was bypassing the basin and going around it. Mr. Barker-Hook stated he doesn’t feel the applicant’s observations can be in place of a SWPPP inspector. Mr. Petrozzi stated there is significantly less water going into the basin now than before the Box Mill drainage issues were taken care of. Ms. Recos stated if water is bypassing the basin, then it is not functioning properly. Mr. Petrozzi stated the basin was not designed to take the water from the adjacent wetlands, so those overtop and go around the basins. He stated he is asking his engineer to reduce the size of the basin and re-do the stormwater calculations as the water has significantly decreased. In regards to the driveway at 8 Leonard St, Mr. Petrozzi stated he will rake out the sediment and re-seed the area, along with adding an erosion control blanket on the slope. Mr. Petrozzi stated he will reach out to Goddard Consulting regarding the SWPPP reports. Mr. Barker-Hook made a motion to continue the discussion on August 29, 2023. The motion was seconded by Mr. Harrow and a unanimous roll call vote was held. • Lucas Environmental FY 2024 Draft Contract Review. Ms. Ciaramicoli stated she has enjoyed working with Lucas Environmental and is happy to continue their relationship with the Commission. She noted a $10/hour increase of rate. Mr. Ciriello made a motion to approve the contract. The motion was seconded by Mr. Barker-Hook and a unanimous roll call vote was held. • Landscaper/PIB Story Example. Ms. Rogers stated she recently received a call from a landscaper that had been hired to clear some vegetation on a residential property, but he saw the PIB medallions and a stream and called us first. She stated she provided some education regarding the property and the restrictions and thanked the landscaper for not just cutting all the vegetation as requested. The landscaper indicated he would also educate the homeowner as it didn’t appear they were aware of the restrictions on the property. • Ms. Reed stated she will be resigning from the Commission as she has accepted a position as Director of Public works for the Town. Adjourn: 9:19 PM