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HomeMy Public PortalAbout20210107 - Open Space Preservation Committee - Meeting MinutesTOWN OF HOPKINTON OPEN SPACE PRESERVATION COMMISSION 18 MAIN STREET HOPKINTON, MA 01748 (508) 497-9755 Minutes of Meeting: 7, January 2021 The Hopkinton Open Space Preservation Commission (OSPC)met remotely on zoom as the agenda posted Present:Ed Harrow,Nancy Peters,Steven Levandosky,Jane Moran,Shannon Soares - Administrative Assistant Absent: Brendon Tedstone Guests:Morrie Gasser,Barry Rosenbloom,Dave Marquedant,Norman Khumalo,Elaine Lazarus, Steven Gorman, Robert Benson, Gary Trendel,Fran DeYoung 7PM: OSPC CALL TO ORDER: Mr. Harrow called the public meeting to order at 7:00 PM. Mr. Harrow called the name of each Open Space Preservation Committee member, and each responded affirmatively that they were present and could hear him. Mr. Harrow called the names of staff member, Ms. Soares, who responded affirmatively that she was present. Mr.Harrow called the names of anticipated speakers on the agenda, and those present responded affirmatively. Mr. Harrow stated that the meeting is being conducted remotely consistent with Governor Baker ’s Executive Order of March 12, 2020, due to the current State of Emergency in the Commonwealth due to the outbreak of the COVID-19 virus.He noted that in order to mitigate the transmission of the virus, the Board is complying with the Executive Order that suspends the requirement of the Open Meeting Law to have all meetings in a publicly accessible physical location. He stated that the Executive Order allows public bodies to meet entirely remotely as long as the public body makes provisions through adequate,alternative means to ensure that interested members of the public are provided reasonable access to the deliberations of the meeting. He noted that for this meeting the Board is convening by video conference via Zoom App as posted on the Town’s web meeting calendar and the Board’s agenda identifying how the public may join. He stated that the meeting may also be broadcast by HCAM. He noted that the meeting is being recorded and some attendees are participating by video conference. Mr. Harrow reviewed the ground rules of the meeting including how speakers, board members and the public may participate. He stated that all votes taken in the meeting will be conducted by roll call vote. Open Space Preservation Commission 7, January 2021 Page 1 of 5 DRAFT 8 Sylvan Way Mr. Harrow reviewed the timeline for the encroachment at 8 Sylvan Way. The subdivision was approved by the Planning Board in 2003, and house number 8 was the first built. There was an addition in 2011 that was done by the Gorman’s, and there are documented inspections on the addition. Google Earth shows the existence of the Gazebo in 2016-2017. Mr. Harrow explained that he spoke to the Assessor ’s Office and there was no record of the Gazebo. They did however have a record of the existence of the firepit that was installed in 2010. Mr. Gasser discovered the gazebo in 2019. Mr. Khumalo explained that the recommendation from Town Council was that there was an encroachment onto town land and the gazebo needs to be removed. Mr. Khumalo was seeking a vote from the Commission to send a letter to the homeowners. Mr. Levandosky questioned if the town was not willing to accept the land swap suggestion. Mr. Khumalo explained that the town was not looking at that as a viable option. He explained that it was the town’s position that the land should be restored to the original condition. Mr. Harrow explained that the Commission wanted an opportunity to speak to Town Council. Ms. Moran noted that while she understands coming to a compromise would be beneficial, she would follow the recommendations of Town Council.Ms. Peters explained that while several proposals had been presented none had been agreed upon by the board. Suggestions such as no future improvements to the gazebo, land swap, easements.Mr. Levandosky noted that with the land previously disturbed the wooded triangle land swap would be an improvement over what would remain after the gazebo was removed. Mr. Khumalo explained that the requirement for swapping land that is under a Conservation Restriction would be challenging. Mr. Gasser explained that prior to the gazebo there appeared to be a patio with a walkway, which may have existed shortly after the construction of the house.Mr. Gorman presented his plan to Mr. Khumalo stating that a history of the property had been sent to Ms. Soares, and he would prefer that the Commission vote in support of an easement over removal. He explained that there was a meeting with the Building Department and an easement would allow for the Gormans to apply for a building permit. The Commission understood that the gazebo was built without a building permit but would like to speak with the Town Council.Mr. Khumalo requested that the Commission submit questions prior to a meeting so the Town Council could prepare for the meeting. Ms. Lazarus recalls working with the Planning Board for the creation of the subcommittee and it was very important to the Board and the Town to preserve the open space. Open Space Preservation Commission Website The Commission discussed what worked and didn’t work for surrounding town’s OSPC pages. Mr. Levandosky explained that the majority did not have a lot of content but generally included a mission statement, member roster, and Open Space and Recreation Plan. He explained for Hopkinton’s website Trail maps and links to HALT,SVT and others would be helpful. Mr. Goldman also suggested the Commission look at the newly designed HALT website as it was user friendly and offered a lot of material. The Commission spoke about including the history of the Commission's creation and resources which would include land owned/managed by the Open Space Commission as well as other open space land within the town. Ms. Peters added that she Open Space Preservation Commission 5, November 2020 Page 2 of 5 was also not blown away by the other websites and inquired about hiring a company to design the Open Space website. It was determined that Mr.Levandosky would work on starting to gather information that would be used for the creation of the website. Signage Mr. Harrow explained that the boundary markers had been picked up, and the signage for Whitehall Conservation Area was still in the works.The Commission discussed proposed hunting signs in the Phipps/Winter Street area. It was explained that after talks with a landowner in the area the signs may not be needed at this time. Planning Board Requested Updates Mr. Trendel, chairman of the Planning Board, along with Fran DeYoung and Robert Benson, presented the need for an update to the Open Space and Recreation Plan. Mr. Trendel explained that the plan was in its eighth year and was in need for updates. Mr. Trendel explained that the Planning Board had created a working subcommittee and were looking for an Open Space Preservation Commission member to join the working group. Mr. Trendel explained that Principal Planner John Gelcich had overseen an update in the past and would be aiding in the update as it is largely an administrative update.The commission members explained that the commission had recently updated a land evaluation rubric that would potentially replace the rubric established in 1996 (Appendix C land report),explaining that the newly created one was more user friendly. The Commission recommended Mr.Levandosky to the subcommittee to assist with the Open Space and Recreation Update. ZAC - HALT Presentation Mr. Gasser spoke about the presentation for OSLPD bylaw changes and how he has not been before the ZAC committee. The goal of the presentation is to make it more attractive for developers (and others creating new lots) to create some of the land as Open Space. Mr. Trendel explained that ZAC would be finishing up to submit recommendations to the Planning Board soon; however with the subcommittee now year round it allows for more time to work on changes to bylaws. Mr. Gasser agreed that he didn’t believe any potential bylaw changes to OSLPD would be on the Annual Town warrant for this year, however is hopeful for the following. Chamberlain/Whalen Land Donation - The Commission had a conversation about the land that was to be donated to the Town roughly 44.8 acres of Open Space. There was a discussion about a conservation easement being placed on the parcel. The decision from the Planning Board regarding the Chamberlain/Whalen subdivision states that the developer will work with the Open Space Preservation Commission to place trailhead signage. Mr. Trendel explained that the road was partially built and that the land wouldn’t be donated to the Town until the last building permit was applied for. He explained that construction would begin spring/summer. Mr. Levandosky noted that a current CPC application from TCMC is looking to put some trails in the area,with the cooperation of the developer. Ms. Peters noted that the decision only mentions Open Space Preservation once, and warns that the Open Space Preservation Commission 5, November 2020 Page 3 of 5 Commission needs to watch the language when the land is donated to the town. Mr. Gasser added that the conservation restriction should be placed prior to the town accepting the donation. Mr. Levandosky questioned who in the town was responsible for enforcing conditions of the Planning Board decision; to which members reported the Building Inspector(s) would be responsible for any violations. Mr. Levandosky noted that it would be ideal for connections to be made to Barry Acres. Ms. Peters noted that it was important that it was made clear who would be in control of the property; whether it would be listed as Open Space Preservation Commission, or if the Commission would be managing the property vs.being listed as the owner. Mr. Trendel ensured the Commission that he would reach out to Mr. Gelcich to ensure the language is correct. The Commission noted that the land donation wouldn’t happen for a few years. Mr. Harrow inquired if there should be a joint meeting when potential parcels would be donated to Open Space Preservation; to which Mr. Trendel noted that as Ms. Moran was a representative appointed from the Planning Board he believed a joint meeting wouldn’t be necessary. Annual Town Report Mr. Harrow explained that the Annual Town Report was not yet completed. 2021 Meeting Schedule The Commission approved the schedule for 2021 as presented. Meeting Minutes Motion to approve the Draft Meeting Minutes for November 5, 2020, November 18, 2020 with amendments and December 5, 2020. Motion was made by Ms. Peters and seconded by Mr. Levandosky. Roll Call vote: Jane Moran - Yes, Steven Levandosky - Yes, Nancy Peters - Yes, Ed Harrow - Yes Motion to Adjourn Motion to adjourn was made by Ms. Moran and seconded by Mr. Levandosky. Roll Call Vote: Jane Moran - Yes, Steven Levandosky - Yes, Nancy Peters - Yes, Ed Harrow - Yes Approved by the Commission March 4, 2021 Document List Documents Location Open Space Preservation Commission Agenda January 7, 2020 Web Meeting Calendar Open Space Preservation Commission 5, November 2020 Page 4 of 5 Draft Meeting Minutes November 5, 2020 Web Meeting Calendar Draft Meeting Minutes November 18, 2020 Web Meeting Calendar Draft Meeting Minutes December 3, 2020 Web Meeting Calendar ** All material listed posted on Web Calendar are also available in OSPC Files Open Space Preservation Commission 5, November 2020 Page 5 of 5