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HomeMy Public PortalAbout20100111 - Conservation Commission - Meeting Minutes Conservation Commission Meeting 07 December 2009 Page 1 of 4 MINUTES- 11 January 2010 Called to Order: 7:30 PM Hopkinton Town Hall, Room 211 Adjourned: 9:40 PM Members Present: Jeffrey Barnes, Michael Carmody, Andre Griben, Robert Murphy, Craig Nation, Ellen Chagnon: Conservation Scientist, Don MacAdam: Conservation Administrator Members Absent: Marcus Waldron 7:30 PM Commission Business • The Commission signed the following documents: - Curtis, 215 Ash St. – Enforcement Order. • Mr. Barnes made a motion to approve the Request for Payment dated 11 January 2010. The motion was seconded by Mr. Carmody and it passed unanimously. • Mr. Barnes made a motion to approve the minutes of 07 December 2009. The motion was seconded by Mr. Carmody and it passed unanimously. • In response to the Planning Board’s request for comments regarding the Minor Site Plan Review application for Cumberland Farms, 91-95 West Main Street, the Commission determined to refer the Planning Board to Ms. Chagnon’s review memorandum, dated 3 December 2009, regarding the NOI filing for the same project. • A discussion was held regarding the request from Abbott Realty Trust, 97 Ash Street, for a three-year Extension Permit to the Order of Resource Area Delineation (DEP File Number 188-1366). The Commission determined to have the applicant’s wetland scientist review the wetland delineation and notify the Commission of any changes so that the Conservation Scientist can review those changes. • Ms. Chagnon informed the Commission that she provided the Commission’s standard comments relative to erosion control and stormwater management via an e-mail to Elaine Lazarus, Planning Director, in response to the Planning Board’s request for comments on the Minor Site Plan Review application for Colella’s Supermarket, Inc., 61 Main Street. • A discussion was held with Attorney Doug Resnick regarding the requirement for submission of a draft conservation restriction (CR), as required by the Orders of Conditions issued for the building lots originally held under the common ownership of Mr. James Braim. Mr. Resnick stated that his client, Braim Farm, LLC (a different party from James Braim) has since purchased the lots located on Front Street and along the west side of South Mill Street from Mr. Braim and that Mr. Braim still retains ownership of the lots along the east side of South Mill Street. Mr. Resnick stated that the CR called for the protection of portions of land Conservation Commission Meeting 07 December 2009 Page 2 of 4 located on both sides of South Mill Street, but that his client only has control of the land located along the west side of the street. Mr. Resnick stated that he has had discussions with the Hopkinton Area Land Trust (HALT) and is preparing to submit a draft CR to the Commission no later than 31 January 2010 for Parcel A which is located on the west side of the street and is under the control of his client, but not for the protection of any land located on the east side of the street owned by Mr. Braim. Mr. MacAdam stated that two, independent contractors have purchased one lot each from Braim Farm, LLC. The Orders for these lots state that no work shall be initiated until a draft CR has been submitted to the Commission. Mr. MacAdam stated that, based on discussions that he had with Mr. Resnick and the two, independent building lot owners, he allowed site work to begin until the Commission could review the matter. The Commission reviewed the particular circumstances of each parcel owner and determined that development can continue on Lot 6, 16 South Mill Street (188-1375) and Lot 8, 6 South Mill Street (188-1376), but that no development can be initiated on any other building lots for which a CR has been required until a draft CR has been submitted. 8:00 PM CRAMA LLC, 16 & 18 Ridge Road DEP File No. 188-1443 Notice of Intent Chuck Scott, CFS Engineering; Glenn Krevosky, EBT Environmental Consulting, Inc.; Michael Casasanta and Rob Quigley, owners Three abutting property owners (Babigian, 15 Ridge Road; Murphy, 16 Ridge Road; and Busconi, 46 Proctor Street) stated that they did not receive notice of the public hearing. Mr. Krevosky submitted receipts from the US Postal Service indicating that the applicant did provide a certified mailing to the Post Office addressed to each of the abutters on the Assessors’ Office certified abutters list. Mr. Krevosky provided an overview of the existing wetland resources on the property. Mr. Scott provided an overview of the existing and proposed conditions and an overview the existing stormwater basin constructed for the Equestrian Estates subdivision. Mr. Scott noted that the town has not maintained the structure for over twenty years, according to a discussion he had with J.T. Gaucher, DPW Director. A discussion was held regarding the proposed improvements to the stormwater basin. Mr. Michael Beattie, 46 Proctor Street, stated that construction has been proposed in the past on the lot and has been denied. The hearing was continued to 25 January 2010 at approximately 8:45 PM. Conservation Commission Meeting 07 December 2009 Page 3 of 4 8:45 PM Hopkinton Parks & Recreation, 66 Fruit Street DEP File No. 188-1441 Notice of Intent – continuation Kenneth Driscoll, and Mike Preite, Hopkinton Parks & Recreation; Kimberly Drake, Camp Dresser & McKee, Inc. Mr. MacAdam notified the applicants that if they continue with the hearing, a majority of Commission members will not have attended all the public hearings. He stated that, if the applicants elect to proceed with the hearing process, it will be at their own risk of appeal. Ms. Drake stated that the applicants are aware of the inherent risk and that they wish to proceed with the hearing. A discussion was held regarding the need for a water budget for the vernal pool in order to demonstrate that the proposed development will not have significant adverse impacts on the vernal pool water supply. The Commission determined that their Conservation Scientist requires more time review the additional information that CDM provided today. A discussion was held regarding the size of the detention basin and that the Stormwater Regulations prohibit the use of a wet basin adjacent to Outstanding Resource Waters and vernal pools. The hearing was continued to 25 January 2010 at approximately 9:00 PM. 9:00 PM Paolini Corporation, 194 South Street Violation Hearing Angelo Paolini, Paolini Corporation A discussion was held regarding the failure of the Paolini Corporation to file an after-the-fact Notice of Intent (NOI) for the expanded utilization of the site and the failure to maintain adequate erosion controls. Mr. MacAdam stated that Mr. Paolini’s engineering consultant apparently has withdrawn from working on the NOI submittal. Mr. Paolini stated that he was unaware of this. The Commission provided an overview of the potential fines that could be assessed for failure to comply with the Enforcement Orders. The Commission determined that the Notice of Intent must be submitted no later than 01 March 2010 or that a fines hearing will be scheduled. 9:15 PM Stukel, 68 Pine Island Road Informal Discussion James Stukel, property owner Mr. Barnes stated for the record that he knows Mr. Stukel personally but believes that he does not need to recuse himself from the Commission for the informal discussion. Mr. Stukel provided an overview of the proposed improvements to his existing home and landscape that he is considering. The Commission advised Mr. Stukel to file a full Notice of Intent for the proposed work in consideration of the scale of the projects and their proximity to the lake. Conservation Commission Meeting 07 December 2009 Page 4 of 4 9:30 PM Commission Business A discussion was held regarding the request from the Town of Hopkinton for a three-year Extension Permit to the Order of Resource Area Delineation for 66 Fruit Street (DEP File Number: 188-1314). The Commission noted that it appears that there are not any other pending permit applications before the Commission for the Fruit Street property and that the town may wish to consider withdrawing the request to save on the consultant costs that would be incurred with the delineation review required for an extension of the ORAD. The Commission determined to draft a letter to the Town Manager Office on the matter. Minutes Approved: 08 February 2010