HomeMy Public PortalAbout20230718 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON
CONSERVATION COMMISSION
TOWN HALL 18 MAIN STREET
HOPKINTON, MASSACHUSETTS 01748
Tel: 508-497-9745
Hopkinton Conservation Commission
July 18, 2023
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July 18, 2023 Called to Order: 7:00 PM
Remote Via Zoom Adjourned: 9:42 PM
Members Present: Jeffrey Barnes, Ted Barker-Hook, Jim Ciriello, Janine LeBlanc, Melissa Recos, Joe
Orzel: Lucas Environmental, Kim Ciaramicoli: Conservation Administrator, Anna Rogers: Environmental
& Inspectional Services Coordinator
Members Absent: Ed Harrow
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 – not present, Ms. LeBlanc – present, Mr. Barnes –present
• A Roll Call was held for staff:
Ms. Rogers – present, Ms. Ciaramicoli – present, Mr. Orzel – present
• Documents for review: Mr. Barker-Hook made a motion to issue the following document and to
have Ms. Ciaramicoli sign it on behalf of the Commission. The motion was seconded by Ms.
LeBlanc and a unanimous roll call vote was held.
- 188-1697, 188-1698, 188-1699, Hughes, 47 Stoney Brook Road - 1 year Extension Permit
• Draft Minutes for review. The item was tabled to the next meeting.
• 188-1689, Brendan Properties, 22 Saddle Hill Road – Request for Certificate of Compliance –
continuation. Ms. Ciaramicoli gave an overview on the site status, noting the following:
- Lucas Environmental reviewed the site in Summer 2022
- Back yard area has a Permanent Immovable Barrier (PIB) furthest from the lawn, then a
wildflower area, then Feno Markers that are flush with the ground at the edge of lawn
- Re-inspected recently by Commission Staff
- Wildflowers mostly established, Feno markers flush with ground
- While the Feno markers are not what the Commission would prefer, they are in compliance
with the Approved Order and Site Plan
Ms. LeBlanc made a motion to issue the Certificate of Compliance and to have Ms. Ciaramicoli
sign it on behalf of the Commission. The motion was seconded by Mr. Barker-Hook and a
unanimous roll call vote was held.
Hopkinton Conservation Commission
July 18, 2023
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• 188-1220, Capital Group Properties, Deerfield Estates – Request for Certificate of Compliance.
Ms. Ciaramicoli gave an overview of the request:
- 55+ Condo development permitted in 2003
- Lucas Environmental (LE) performed a COC review in 2021
- Applicant responded in 2022 and LE responded again
- Required signage regarding the Vernal Pool Buffer Zone and PIB were recently installed
- Remaining erosion controls have been removed
- Yearly Operation & Maintenance plans haven’t been submitted since 2018. 2021 was just
submitted today and 2022 was not received.
- BMP’s need maintenance
- Approval included a pedestrian Trail, but it wasn’t constructed
- Some gutter downspouts appear to drain to the site’s overall stormwater management system.
The Order of Conditions required gutter downspouts to enter an infiltration system.
Mr. Barnes stated the BMP’s need to be maintained and a current Stormwater Report needs to be
submitted. He stated he is ok with the lack of the trail. Mr. Barnes stated the roof runoff should
be into drywells, not into the site’s overall stormwater system.
Mr. Justin DePietri, Capital Group Properties, stated the downspouts that are not in drywells were
added after-the-fact. He stated all the drywells were installed, but the ones not connected were
done by homeowners after-the-fact. Ms. Recos agreed the roof drains should be addressed. She
stated the BMP’s need to be maintained and the applicant needs to ensure the reports are
submitted going forward.
The Commission determined the site is not ready for Compliance at this time.
7:22 PM Dandelion Energy, 4 Tiffany Trail RDA 2023-5
Request for Determination of Applicability
Hannah Kowalski, Dandelion Energy
Ms. Kowalski gave an overview of the Request for Determination of Applicability application and site
plan dated November 10, 1986 with recent hand drawn changes. She noted the following:
- Overview of Geothermal practices: 300 foot deep well, sealed loop
- Proposing borings within the existing driveway with trenching to the house
- Proposing erosion controls on the edge of the driveway
- Drilling slurry to be caught with a diverter and deposited into a dumpster
- Will possibly need to dewater from the dumpster into the front yard
- A updated scaled plan will be submitted
The Commission reviewed the Lucas Environmental comments dated July 12, 2023. Mr. Orzel reviewed
the following:
- Some delineation changes are needed
- Work proposed within 18’ of the resource area
- Mention of riverfront in the application, but the stream appears to be intermittent
- Feels the proposed ECB’s are ok, but he would like to see silt fence as well
Ms. Ciaramicoli stated she would recommend a special condition for a Negative Request for
Determination of Applicability for the drill rig diverter and a written dewatering plan at the pre-
construction meeting. A discussion was held regarding the requirement for PIB’s, noting it is the
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July 18, 2023
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Commission’s standard practice to establish PIB’s whenever possible. Ms. Kowalski stated she can have
a PIB added to the plan at the edge of the existing lawn as recommended.
Mr. Barker-Hook made a motion to continue the hearing to August 8, 2023. The motion was seconded by
Ms. LeBlanc and a unanimous roll call vote was held.
7:35 PM Town of Hopkinton, 0, 129, 147 Hayden Rowe DEP File No. 188-1811
Lot C Myrtle Ave, Lot B Fitch Ave
Abbreviated Notice of Resource Area Delineation
Claire Hoogeboom, LEC Environmental
Ms. Hoogeboom gave an overview of the Abbreviated Notice of Resource Area Delineation application
and site plans dated March 3, 2023. She reviewed the following:
- Portions of 129 Hayden Rowe are not included as part of the application around the existing
school
- Multiple isolated wetlands located on the properties
- There were two potential vernal pools on site, but they did not meet criteria for certification.
It was noted that Lucas Environmental hasn’t had a chance to perform their review to date.
Mr. Ciriello made a motion to continue the hearing to August 8, 2023. The motion was seconded by Mr.
Barker-Hook and a unanimous roll call vote was held.
7:46 PM Toll Brothers, 9 Myrtle Ave HCC-43
Toll Brothers, 7 Myrtle Ave HCC-44
Toll Brothers, 4 Myrtle Ave HCC-46
Toll Brothers, 11 Fitch Ave HCC-45
Toll Brothers, 13 Fitch Ave HCC-47
Notices of Intent
Ted Merchant, Toll Brothers; Matt Ashley, Bohler Engineering; Ann Marton; LEC Environmental
Mr. Merchant gave an overview of the Elmwood III subdivision that was approved by the Planning Board
in the 1980’s. He stated the Town has recently approved the lots to access municipal sewer. He stated
Toll Brothers has a purchase and sale agreement and they are doing their due diligence.
9 Myrtle Ave: Mr. Ashley gave an overview of the Notice of Intent application and site plan dated June
27, 2023. He reviewed the following:
- Proposed single family house
- Proposed grading the only work in the buffer zone
- Proposed swale system behind the house
- Proposing drywell for roof runoff
Ms. LeBlanc and Mr. Barker-Hook asked if the house could be moved back to keep the grading out of the
buffer zone. Mr. Ashley stated the roadway work is already approved and will be disturbing the buffer
zone in that area already.
7 Myrtle Ave: Mr. Ashley gave an overview of the Notice of Intent application and site plan dated June
27, 2023. He reviewed the following:
- Proposed single family house
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July 18, 2023
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- Proposed driveway and grading in the buffer zone
- Proposed swale system behind the house
- Can look into shifting driveway to the other side of the house
Mr. Merchant stated the wetland is located across the street, so the roadway makes the buffer zone less
desirable. He stated the driveway is proposed on the high side so there is less grading. He stated it can be
swapped, but it would require more intense grading.
Mr. Barker-Hook stated he would prefer the driveway outside the buffer zone, especially since its directly
across the street from the wetland.
11 Fitch Ave: Mr. Ashley gave an overview of the Notice of Intent application and site plan dated June
27, 2023. He reviewed the following:
- Proposed single family house in the buffer zone, along with the driveway and grading
- Proposing PIB’s
Mr. Barker-Hook asked under which regulations these applications are being reviewed under. Ms.
Ciaramicoli stated the lot layouts were approved by the Planning Board in the 1980’s, but she feels the
review of the lots fall under the current regulations. She stated the applicant has been working on some
mitigation, including stormwater improvements. Ms. Recos agreed it should be under the current
regulations as the Commission only recently approved the roadway and wetland delineation under filing
HCC-41. Ms. Ciaramicoli noted under that application, the drainage is proposed to be improved, but not
brought up to the current local regulations.
Mr. Merchant stated the Order for HCC-41 speaks to discretionary work in the 0-50’ buffer zone and Ms.
Marton stated the applicant is respecting that on all of the lots.
Mr. Barker-Hook asked if the size of the backyard could be reduced. Ms. LeBlanc asked if the house
could be flipped or if the applicant could change the driveway to a front entry.
4 Myrtle Ave: Mr. Ashley gave an overview of the Notice of Intent application and site plans dated June
27, 2023. He reviewed the following:
- Proposed single family house in the buffer zone
- PIB located between the 50-100 foot buffer zone
Mr. Barker-Hook stated less lawn in the buffer zone would make him happier.
13 Fitch Ave: Mr. Ashley gave an overview of the Notice of Intent application and site plan dated June
27, 2023. He reviewed the following:
- Proposed single family house and driveway in the buffer zone
- Proposed PIB at the 50 foot buffer zone
- Buffer zone is off the replication area, not the existing resource area
Commission members asked the applicant to reduce the house size.
The Commission reviewed the Lucas Environmental comments dated July 14, 2023. Mr. Orzel reviewed
the following:
- Site in general contains forested lots with no severe slope areas
- The 100’ buffer zone was located in the field
- No limit of work boundaries or lot lines were visible
- Flags should be re-hung
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- The application did not provide a discussion/evaluation on the buffer zone impacts for the
lots
- Site contains mature red oak and beech trees, many of which are in the 12-30 inch DBH class
- Requesting a buffer zone impact and wildlife habitat evaluation, especially in regards to the
loss of mature trees
- Lack of invasives on the site, only noting some along the entrance of Blueberry Lane:
bittersweet and multiflora rose
- Applicant should provide an Invasives Species Management plan to prevent the spread during
construction
Mr. Barnes asked what the plan was for stormwater infrastructure. Mr. Merchant stated certain upgrades
to the basins as required under the roadway filing will be done. He stated Toll Brothers hasn’t done a full
evaluation to upgrading the whole system, but they are looking into it. Mr. Barnes stated whatever
upgrades are being proposed can be taken into account as mitigation. He stated he understands the
applicant proposed some drainage fixes on the existing lots with water problems, but the Commission
wants to make sure the existing residents aren’t going to be impacted by the new construction. Ms.
Ciaramicoli stated the existing stormwater basins will be improved and there is a proposal to do some
additional work on lots known with water issues. She stated those upgrades don’t bring the system into
compliance with the current regulations. She stated the Town will likely not accept the roadway without
the system being upgraded to the current standards.
Ms. LeBlanc stated she understands that Adams St will not be constructed and asked if 11 Fitch Ave
house could be adjusted towards the former Adams St layout. Mr. Merchant stated the applicant has
explored removing Adams St, but is uncertain if that would trigger the subdivision to be re-opened with
the Planning Board. Mr. Barnes asked if the applicant would be willing to request relief from the Board
of Appeals.
Carolyn Scott, 15 Blueberry Lane, stated she is concerned about Adams St since it is shown on the maps
still. She stated the settlement agreement only allowed for 16 sewer connection but there are more than
16 lots. Mr. Merchant stated four lots can’t be developed and there has been additional approvals from
the Town that allow for 20 lots to be connected to sewer. Ms. Ciaramicoli stated she can follow up with
the DPW on the additional lots. Ms. Recos stated if there are lots that can’t be built on due to lack of
sewer availability, the lots with buffer zone should not be built on.
Shari Matza, 17 Blueberry Lane, stated there are a lot of houses with water issues in the neighborhood.
She asked how they will they be impacted with the tree clearing. Mr. Ashley stated a pre and post water
shed analysis was performed. Ms. Matza stated some houses are getting more water from the school
property and asked how that will be affected. Mr. Ashley stated the lots will be designed to catch the
water and grade to direct it to the drainage system.
Ed Sellers, 11 Blueberry Lane, stated his driveway is in the middle of the proposed Myrtle Ave. He asked
how the applicant is going to build the road with his driveway in the middle of it. Mr. Merchant stated
that is not a Commission issue and it will need to be resolved. He stated Toll Brothers is still in the due
diligence period.
Stephanie Gelbwachs, 19 Blueberry Lane, asked if Toll Brothers intend to bring in natural gas and Mr.
Merchant stated they are not indenting to bring in natural gas. Ms. Gelbwachs asked about the proposed
trench, berm and French drain combination as shown on the approved plans for HCC-41. Mr. Ashley
stated that is designed to fix the drainage issues.
Ms. Ciaramicoli stated the plans being shown need to be submitted for the record.
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July 18, 2023
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Ms. Marton stated Mr. Orzel recommended a buffer zone impact evaluation and invasive species plan and
asked if the Commission is requiring those. Mr. Barnes stated yes, they need to be submitted as part of
the review.
Ms. LeBlanc made a motion to continue all of the hearings to August 8, 2023. The motion was seconded
by Mr. Ciriello and a unanimous roll call vote was held.
8:54 PM Rebel Hill, LLC, 188-190 Fruit Street DEP File No. 188-1808
Notice of Intent – continuation
Nick Skoly, VHB
Mr. Skoly gave an overview of the site plans revised through July 14, 2023. He reviewed the following:
- Plans have been submitted to the Board of Health for review
- Working with BETA on the outstanding comments
- Have made suggested plan changes based on comments received
- Reviewed proposal with the Fire Department and will be adding Sprinkler Systems to both houses
Mr. Barnes stated the Commission and their consultant will need time to review the revisions. He stated
the applicant is proposing to remove 6,000 cubic yards of soil and asked if an Earth Removal Permit has
been obtained. He asked if the soil has been tested and where it will be shipped. Mr. Skoly stated the soil
won’t be tested until the lots have been approved due to the expense of testing. Mr. Barnes stated the
Commission was copied on a document that had a reference to PFAS on site. Mr. Skoly stated that is
standard language and the soil has not been tested to date.
Mr. Ciriello stated he would like the chance to walk the site, noting he is concerned about the elevations
and slope. Ms. Ciaramicoli noted she will coordinate with the applicant on a site visit.
Mr. Ciriello made a motion to continue the hearing to August 8, 2023. The motion was seconded by Ms.
LeBlanc and passed unanimously in a roll call vote.
9:04 PM Clerici, 8 Clinton Street DEP File No. 188-1806
Notice of Intent - continuation
Karon Skinner-Catrone, Representative
Ms. Skinner-Catrone gave an overview of the site plan revised through July 11, 2023. She reviewed the
following:
- Added a PIB
- Proposing a mix of plants and seed mix as mitigation
- Included an invasive species removal plan
- Submitted a waiver request for the work in the mitigation area and invasive species removal
A discussion was held regarding the invasive species removal process and Ms. Ciaramicoli suggested
cutting and painting the knotweed stems with herbicide. Ms. Ciaramicoli stated the applicant is proposing
a 3 year management plan, but once the invasives are under control, then the applicant should seed and
plant. Ms. Skinner-Catrone stated they can probably do the plantings in the second growing season. Ms.
Ciaramicoli stated multiple years of invasives control typically has a better outcome, but the Commission
feels a more condensed schedule is more practical.
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July 18, 2023
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Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions subject to a
revised invasive species management plan as discussed 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.
9:12 PM Laborers Training T.F., 37 East Street DEP File No. 188-1814
Notice of Intent (alternate gas line alignment) - continuation
Vito Colonna, Connorstone Engineering
Mr. Colonna gave an overview of the site plan revised through July 18, 2023. He stated the disturbance
amounts within the campus proper are the same as with previous applications. He stated the gas line is
now proposed to originate from Maple Avenue.
The Commission reviewed the Lucas Environmental comments dated July 11, 2023. Mr. Colonna
reviewed the following in response to the comments:
- Potential vernal pool in wetland C, so the PVP buffer zone has been added
- Notes have been added to the plans regarding no encroachment into any of the buffer zones
- Applicant will need to confirm if Maple Ave has any resource areas adjacent to it that would be
jurisdictional
- Discrepancy in Riverfront disturbance numbers were due to the trench and stock pile disturbance
verse just the trench disturbance.
- Will submit previous submission documents regarding the alternatives analysis
Ms. LeBlanc made a motion to continue the hearing to August 8, 2023. The motion was seconded by Mr.
Ciriello and a unanimous roll call vote was held.
9:23 PM Laborers Training T.F., 37 East Street DEP File No. 188-1798
Request for Amended Notice of Intent (Fire Protection Line) - continuation
Vito Colonna, Connorstone Engineering
Mr. Colonna gave an overview of the site plan revised through June 1, 2023. He reviewed the following:
- Location has been adjusted slightly
- The fire tank and pump house has been removed from the Crane Building site (188-1742) and a
small portion of the new pump house has been located in the Riverfront in exchange
- Proposing to cut and cover the line, then restore the area to the existing conditions when
completed
- Confirmed the erosion controls will consist of a straw wattles with silt fence
Mr. Barker-Hook made a motion to close the hearing and issue an Order of 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.
9:27 PM Commission Business – continued
• 188-1702, Maspenock Woods, LLC, 5 West Elm St – Request for Certificate of Compliance.
Robert Duff, Guerriere & Halnon, Inc. The Commission reviewed the Lucas Environmental
comments dated January 18, 2023. Ms. Ciaramicoli noted a few outstanding items from the
comments include an area that should be reseeded and the planting substitutions seem reasonable.
She noted the erosion controls should be removed. Ms. LeBlanc made a motion to issue the
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July 18, 2023
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Certificate of Compliance pending removal of the erosion controls and to have Ms. Ciaramicoli
sign the Certificate on behalf of the Commission. The motion was seconded by Mr. Barker-Hook
and a unanimous roll call vote was held.
• RDA 2023-7, Hopkinton Boy Scout Troop 1, 0 Clinton St/45 East St – Request for fee waiver.
Ms. Ciaramicoli stated the applicant is requesting a waiver of the filing and consultant fees. She
stated the project is a little more substantial than a standard exemption, so she suggested an RDA
application. She requested she be allowed to review the application and not have Lucas
Environmental review it. Mr. Barker-Hook made a motion to waive the fees and to have Ms.
Ciaramicoli review the application. The motion was seconded by Ms. LeBlanc and a unanimous
roll call vote was held.
• Site Construction: Ms. Ciaramicoli stated there was a large rain event this past weekend and
there are a number of sites around Town with violations including Leonard St (HCC-33) and the
Trails Phase 4 (188-1649). She stated she was quite disappointed with the Trails as they had a
violation a week prior. She stated she has issued a Cease & Desist for all work other than
Stormwater Management, Erosion Controls and site stabilization work. She stated she will be
preparing a fine memo as well. She stated Turkey Ridge (188-1779) seemed ok, noting site
practices need some improvement, but overall it held. Mr. Barker-Hook noted that the Leonard
St project never put the requested mats down on the loose dirt in order to try and hold the lose soil
for the grass to grow.
Adjourn: 9:42 PM