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HomeMy Public PortalAbout20230207 - Conservation Commission - Meeting MinutesTOWN OF HOPKINTON CONSERVATION COMMISSION TOWN HALL 18 MAIN STREET HOPKINTON, MASSACHUSETTS 01748 Tel: 508-497-9745 Hopkinton Conservation Commission February 7, 2023 Page 1 of 7 February 7, 2023 Called to Order: 7:00 PM Remote Via Zoom Adjourned: 10:03 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 • Documents for review: Mr. Barer-Hook made a motion to have Ms. Ciaramicoli sign the below documents on the Commission’s behalf. The motion was seconded by Mr. Ciriello and a unanimous roll call vote was held. - 188-1657, Masabni, 9 Cedar St Extension - Extension Permit - RDA 2022-15, Dailey, 4 Curtis Road - Negative Determination of Applicability - RDA 2022-13, Solect Energy, 90 Hayden Rowe - Negative Determination of Applicability - 188-1794, MA Laborers Training T.F., portion of Clinton Street ROW - Order of Conditions - 188-1798, MA Laborers Training T.F., 37 East Street (Fire Suppression Line) - Order of Conditions - 188-710, Hall, 117 Ash Street - Certificate of Compliance • 188-1779, 52 Cedar St Ext, 35 Lincoln St (Turkey Ridge Estates), Cease and Desist - continuation/Violation Discussion. Shane Perrault, applicant; Andrew Thibault, Goddard Consulting. Mr. Ciaramicoli gave an overview of the site and violations: - December 2022 violation, Commission issued fines and decided to hold in abeyance on 1/24/2023 - January 26, 2023 large rain even with violations - Presented slides going over the history on the site - Stock piles should be secured with erosion controls Hopkinton Conservation Commission February 7, 2023 Page 2 of 7 - Exposed areas on site should be stabilized - Applicant needs to construct the stormwater infrastructure per the project plans and that should improve the site a lot Mr. Barnes stated the Commission discussed the urgency of getting bare soil secured at the last meeting. He stated the applicant should have more staff working and oversight should be given to the site. Mr. Perrault reviewed the following: - An employee on the site daily as he is not physically able to be on site at all times - Changed site contractors mid-project - Have been adding additional resources - The new stockpiles were from the lower berms leftover material and he was under the impression that mulch berms had been put in front of them - Working on the stormwater BMP’s Mr. Thibault stated one of the breach areas was not within the Commission’s jurisdiction. He stated the area with a large amount of sediment was removed and will be seeded with Conservation Seed Mix in the Spring. Mr. Harrow stated he walked the site with Ms. Ciaramicoli and Ms. Rogers recently, noting it is a very challenging site. He stated he understands the developer is trying to reign it in, but feels the horse is out of the barn on this project. He stated he was dismayed at what he saw on site. Mr. Barker-Hook asked why the site is still exposed 5+ weeks after the initial violation. Mr. Perrault stated all the areas that needed to be stabilized were. Ms. Ciaramicoli stated the cleared areas near Cedar St Ext haven’t been stabilized. Mr. Perrault stated that area is where one of the BMP’s is going and he isn’t going to stabilize it when they need to work on it. Mr. Barnes stated if additional rain events happen and the areas are not stabilized, additional violations may occur. He stated the Commission will be asking Ms. Ciaramicoli to tabulate the new fines. He stated the site needs to be stabilized all around. Mr. Ciriello stated the Commission should not be holding any fines in abeyance. Mr. Barnes stated the applicant has made good progress on the site, but additional work is needed. Ms. Ciaramicoli stated the SWPPP General Permit requires stabilization of any area that won’t be worked on within two weeks. She stated it has been 5 weeks without property stabilization. 7:31 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 February 28, 2023 without discussion. 7:31 PM The Trails, LLC, 0 Wilson Street (R8 37 0) DEP File No. 188-1792 Notice of Intent – continuation 7:31 PM The Trails, LLC, 0 Legacy Farms North DEP File No. 188-1649 Amended Notice of Intent – continuation The hearings were continued to February 28, 2023 without discussion. 7:32 PM 59 Mott Street LLC, 56 Downey Street RDA 2023-1 Request for Determination of Applicability Maureen Herald, Norse Environmental; Rakesh Goel, applicant/owner Hopkinton Conservation Commission February 7, 2023 Page 3 of 7 Ms. Herald gave an overview of the Request for Determination of Applicability and site plans dated December 19, 2021, revised through January 18, 2023 along with the following: - Existing single family house outside of the buffer zone to be replaced - Proposing a new deck - Requesting to maintain the lawn area - Proposing 8 mitigation trees as required in the Enforcement & Restoration Order on the property. Mr. Barnes stated he appreciate the location of the trees from the applicant’s standpoint, but noted the Commission has been focusing on the health of the lake and enhancing the buffer between the lake and lawn. He stated a vegetated buffer between the lawn and the lake is intended to enhance nutrient uptake and provide habitat. The Commission looked at examples of vegetated buffer zone out of the Guild to Healthy Living document. Mr. Ciriello stated a similar design as to what is shown in the guidance document is what he would prefer. Ms. Recos stated she would much prefer to see plantings closer to the lake verse along the edge of the property lines as proposed. Mr. Barker-Hook stated he wishes the Commission could see more yards like the example and they would do a better job of protecting the lake. He stated he is not a fan of allowing lawn right down to the lake. Mr. Barnes stated a lot of the existing properties along the lake have lawn to the lake edge, so allowing a small portion of lawn, but providing habitat is a good compromise. Ms. Herald stated she is more than happy to relocate the trees, and can come up with a planting plan if required, noting all plantings would be native. The Commission reviewed the Lucas Environmental comments dated February 7, 2023 and Mr. Orzel noted the following: - The wetland line and subsequent buffer zones appears to be measured from the edge of Bank - Hydric soils and wetland vegetation was located almost to the 50 foot buffer zone noted on the site plan - The site should be re-evaluated Ms. Herald stated the applicant just wants to maintain the existing lawn area as shown. She stated she didn’t check the soils upgradient of the Bank, but it is all within lawn area. She stated the site was historically filled. Mr. Barker-Hook asked where the extent of the lawn is. Ms. Ciaramicoli stated it is hard to tell, as the site has been neglected for multiple years. Mr. Goel stated he would just like to replace the existing deck and doesn’t want to argue about the lawn, but will still plant the trees are required. Mr. Barker-Hook made a motion to continue the hearing to February 28, 2023. The motion was seconded by Mr. Ciriello and a unanimous roll call vote was held. 7:52 PM Prasad, 7 Whalen Road DEP File No. 188-1799 Notice of Intent - continuation Abhishek Prasad, applicant/owner; Joseph P. Marquedant, JD Marquedant & Associates Mr. Marquedant gave an overview of the site plans dated October 12, 2022, revised through January 30, 2023 and provided the following: - Added more mitigation details and additional shrubs, with wetland seed mix Hopkinton Conservation Commission February 7, 2023 Page 4 of 7 - Added some additional plantings adjacent to Whalen Rd to off-set the pines requested to be removed - Reviewed the Monster Tree proposal with the Commission Mr. Barnes stated he appreciated the work done on the revisions. He noted the Commission had requested a certified arborist which Monster Tree unfortunately is not. He asked the Commission if they felt that two shrubs would be a sufficient replacement for a mature tree. Mr. Barker-Hook stated he wants to hear from a certified arborist. He stated the Commission shouldn’t set a bad precedent of accepting non-certified arborist evaluations. Ms. LeBlanc stated she feels it’s a conflict of interest having the tree service evaluate the trees. Mr. Harrow agreed with the other members. Mr. Prasad expressed frustration that the hearing process has extended to multiple meetings. Mr. Barnes stated an assessment needs to be done by a certified arborist. Mr. Prasad stated he wants to come to a middle ground and is offering replacement plantings. Mr. Barnes stated the Commission is requiring a certified arborist. Mr. Barker-Hook made a motion to continue the hearing to February 28, 2023. The motion was seconded by Mr. Harrow and a unanimous roll call vote was held. 8:08 PM MA Laborers Training T.F., 37 East Street – Gas Line DEP File No. 188-1797 Notice of Intent - continuation George Connors, Connorstone Engineering; Tom Giola, Standard Builders Mr. Connors gave an overview of site plans revised through February 7, 2023. He reviewed the following: - The applicant has provided a more detailed analysis of Alternative 4 - Alternative 4 generally follows an existing cart path as much as possible before emerging into the developed campus area - Alternative 4 necessitates crossing a vegetated wetland with an associated intermittent stream - Applicant is proposing invasive species management within the impacted area for the preferred routes - Responses have been provided to the abutters concerns from previous meetings - Requesting the Commission approve the applicants preferred route Mr. Giola stated alternative 4, or any of the other alternatives will be more expensive to the applicant and would cause months of delay for redesign through Eversource. He explained that potential gas main routes were evaluated with Eversource beginning in March of 2022. Mr. Barnes stated that the financial implication of a project are not considered when evaluating project under the Bylaw. Mr. Connors explained that a portion of the gas line within the campus has been moved to previously disturbed Riverfront Area. Mr. Connors explained that staging areas have been moved out of buffer zones to the “maximum extent practicable”. The Commission identified a staging area shown on the plans within buffer zones. Mr. Connors agreed to move the staging area closest to the vegetated wetland crossing outside of the buffer zone. Mr. Barnes questioned why the width of the construction corridor cannot be any narrower than 25 feet. Mr. Connors sited the equipment specifications, width of the trench, construction of the pipe itself, removal of trees and stumps justify the width of the corridor. Mr. Barnes questioned how the corridor Hopkinton Conservation Commission February 7, 2023 Page 5 of 7 would be re-planted. Mr. Connors indicated a Goddard report provided specifications for replanting. He also offered that the applicant would be amendable to replace two trees for every one removed. A discussion was held regarding the proposed impacts to trees and buffer zone for the preferred alternative vs alternative 4. Mr. Orzel indicated he examined the Alternative 4 route. The alternative 4 siting follows an existing cleared cart path which is approximately 12 to 15 feet wide. The path ends at an approximately 40 to 50 foot wide wetland containing intermittent stream. Alternative 4 would impact approximately 12,035 sf vegetated wetland and the preferred alternative would impact approximately 330 square feet of vegetated wetland. Bank impacts are similar. Buffer Zone impacts for the preferred alternative are about 23,270 square feet and 5,945 square feet for alternative 4. Mr. Connors stated alternative 4 would also involve directional drilling under Cold Spring Brook on the main campus that is not included in those disturbance numbers. Mr. Ciriello asked if a planting plan has been submitted and Mr. Connors stated the plans contain a detail and a plant list has been provided. Mr. Ciriello asked if there is a site plan showing where trees are proposed. Mr. Connors indicated trees would be randomly planted. A discussion was held regarding the proposed wetland crossing for alternative 4 and it was determined the disturbance would be temporary. David Fajardo, 88 Clinton St., stated alternative 2 (Clinton St/East St route) is the least disturbing to everyone. He stated he doesn’t agree with the applicant’s statement that the preferred route wouldn’t affect property values. He asked the Commission to think about they would do if they lived adjacent to it. Bruce Brubaker, 82 Clinton St., stated the numbers speak for themselves in the cumulative impact table for the buffer zone as well as the tree removal. Ms. Recos stated that she feels schedules, cost, and views are all out of the Commission’s purview. Ms. Recos asked the applicant to clarify the disturbance numbers and noted there appears to be additional disturbance to both buffer zone and Riverfront on the main campus that wasn’t included. She stated the Commission needs to make sure they are comparing the same things. Mr. Connors stated the buffer zone on the main campus is not being quantified as it is all previously disturbed. Ms. Recos clarified that each alternative, the preferred alternative and Alternative 4, involves crossing Cold Spring Brook via directional drilling. Ms. LeBlanc asked what the permanent impacts would be on alternative 4. Mr. Barnes noted the applicant has not proposed any replanting for alternative 4. A discussion was held regarding the replanting along the preferred route. Mr. Connors stated he is offering twice the trees to be replanted. It was noted the tree sizes range from 6 -36 inch caliper. Commission members expressed concerns about fitting that many plantings into the corridor and their success. The Commission determined the replacement trees need to be 5 feet in height or 2 inch minimum caliper. Ms. Ciaramicoli stated the applicant may need to find some other areas to replant to avoid overcrowding. Mr. Barnes stated he wants to ensure the route is replanted and suggested the applicant may want to consider adding some shrubs in addition to the trees. Mr. Connors stated he would be amenable to that. Claire Bett, 92 Clinton St., asked for clarification on the replanting. Mr. Barnes stated 25 feet width would be cleared, 8 feet directly over the pipe would remain clear and the remainder would be replanted. Hopkinton Conservation Commission February 7, 2023 Page 6 of 7 Ms. LeBlanc made a motion to close the hearing and issue an Order of Conditions under the Wetlands Protection Act with all the noted conditions from the hearings. The motion was seconded by Mr. Barker- Hook with Ms. Recos, Ms. Reed, Mr. Ciriello and Mr. Barnes voting and favor and Ms. LeBlanc, Mr. Barker-Hook and Mr. Harrow opposed in a roll call vote. Order Approved under the Act. Mr. Barker-Hook made a motion to close the hearing and issue an Order of Conditions under the Hopkinton Wetlands Protection Bylaw with all the noted conditions from the hearings. The motion was seconded by Ms. LeBlanc with Ms. Recos, Ms. Reed and Mr. Barnes voting in favor and Mr. Barker- Hook, Ms. LeBlanc, Mr. Harrow and Mr. Ciriello opposed in a roll call vote. Order Denied under the Bylaw. 9:18 PM Laborers – Pond Dredging DEP File No. 188-1741 Notice of Intent - continuation Mr. Harrow made a motion to continue the hearing without any discussion to February 28, 2023. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. 9:19 PM Commission Business – continued • Discussion - Legacy Farms Road North and South Mitigation (188-1469 & 188-1507) – continuation. Mark Arnold, Goddard Consulting; Erik Swenson, Legacy Farms. Mr. Arnold stated the applicant is amendable to the Lucas Environmental suggestions based on comments dated January 24, 2023. He stated the applicant is looking for guidance from the Commission as to what they’d like the applicant to do. Ms. Ciaramicoli gave an overview of the comments: - Quantify for Land Under Water and Bank created requested - The required habitat enhancements are lacking and Area M-2 is now a wet meadow instead of a forest wetland - The two culverts to be daylighted were not done - Vegetation is well established in the mitigation areas, but with less diversity - There has been no invasive monitoring/treatment as required Ms. Ciaramicoli stated some of the areas may be acceptable as they stand, but additional clarification and work is required in others. Mr. Arnold stated that some of the habitat features will likely be done in alternative locations so they are more optimal to existing conditions now. He stated some of the plantings should also be done in alternate locations. He stated to daylight the culverts will be a lot of disturbance. Mr. Barnes stated Commission Staff, Lucas Environmental and the applicant should work together to discuss some of the options. Mr. Barker-Hook made a motion to continue the discussion to March 14, 2023. The motion was seconded by Ms. Reed and a unanimous roll call vote was held. • 188-1472, Stukel, 68 Pine Island Road – Request for Certificate of Compliance. Jim Stukel, applicant. Ms. Ciaramicoli gave an overview of the application and reviewed the following: - Work was for an addition, patio, retaining wall, garage and site grading - Five trees were to remain between the Lake and the House - Previous Conservation Administrator had issued three separate exemption to remove all five trees, noting that there was supposed to be three mitigation plantings from the 2020 approval - No roof infiltration as required - Patio is closer to the lake then proposed Hopkinton Conservation Commission February 7, 2023 Page 7 of 7 Mr. Stukel stated the infiltration wasn’t feasible due to high groundwater. He stated they lowered the pitch of the patio to slow down the runoff. Ms. Recos stated the applicant should provide some documentation as to why the infiltration is not feasible. Mr. Barnes asked the status of the mitigation plantings. Mr. Stukel stated there was miscommunication regarding them and he wants to avoid anything tall. He stated he will provide them. The Commission determined the project was not ready for a Certificate of Compliance at this time. • Ghose, 124 Lumber St – Request for Tree Removal. Ms. Ciaramicoli reviewed the following with the Commission: - Applicants requesting to remove 6 Pine trees - Tree #3 is compromised due to root system damaged from retaining wall and could be left as a snag - The remaining 5 trees were advised to be removed by a Certified Arborist due to soil conditions, etc. - Applicant are willing to provide replacement shrub plantings. Staff advises they should have facultative wetland indicator status due to the site conditions The Commission determined the trees can cut, leaving 8-10 foot snags and that 6 mitigation shrubs shall be planted. Mr. Ciriello left the meeting at this time. • 188-1787, Polivy, 6 Leon’s Way – Request for Certificate of Compliance – continuation. Ms. Ciaramicoli gave the Commission an overview of the site plan dated March 14, 2022, revised through January 27, 2023. She stated the permanent immovable barriers have been installed correctly and in the correct locations. Ms. LeBlanc made a motion to issue the Certificate of Compliance. The motion was seconded by Ms. Reed and a unanimous roll call vote was held. Mr. Barker-Hook made a motion to have Ms. Ciaramicoli sign the document on the Commission’s behalf. The motion was seconded by MS. Reed and a unanimous roll call vote was held. • 188-1716, Hariharan, 234 Hayden Rowe – Request for Tree Removal – continuation. Ms. Ciaramicoli stated a letter was received by a Certified Arborist indicating the 14 requested trees should be removed. A discussion was held regarding invasive species management and mitigation plantings. The Commission expressed concerns regarding the lawn expanding. Mr. Barker-Hook made a motion to approve the removal of the 14 trees with 14 replacement trees, not shrubs and to provide education on invasive species removal. The motion was seconded by Ms. LeBlanc and a unanimous roll call vote was held. Adjourn: 10:03 PM