another minute to go we seem to be a lot of folks here for such a what now is a limited agenda yeah we should probably start by announcing the continuances I agree yeah I did try to um give as many heads up as possible to the folks that I know that were interested in some of these all right well we have a quorum 7 clock so we'll call the meeting to order and I'll read the remote script pursuant to chapter two of the acts of 2023 this meeting of the Hopkinson Conservation Commission will be conducted via remote means in accordance with applicable law this means that members of the public body as well as members of the public May access this meeting via virtual means participants May access this meeting through the remote meeting link is posted on the meeting agenda and through the towns on online calendar when required by law or Allowed by the chair person's wishing to provide a public comment or otherwise participate in the meeting May do so by raising their hand or Al signaling their intent to speak this meeting is being recorded by hcam please take care to mute your microphone unless you have been recognized by the chair okay hold on we will now confirm attendance of the members and staff please respond with present if you are on the call okay um Ed present Ted Ted is present Jim Matt present Janine present and this is Jeff uh and Melissa will not be joining us tonight uh for staff Kim present Anna present and Joe's not joining us tonight correct Kim Joe will not be joining us tonight okay great thank you okay so for folks on the call we've had um a number of actually all the hearings tonight have been continued including the new hearing uh so we will just be addressing work session items tonight okay just managing the uh participants here on the call um okay so for the new hearings we're gonna open uh the public hearing notice the hopkington Conservation Commission will hold a public hearing on Tuesday March 26 2024 at 7 virtually online to hearo person's interest in abbreviated notice of resource area delineation filed by Nicholas and Kathleen D'Angelo to determine the limits and Regulatory status of onsite Wetland resources the location is 12 Maple Street extension assessors map 9 block 41 lot zero and that has been continued until April 9th we also have uh two continued hearings Wall Street development 12 North Street which is an abbreviated notice of resource area delineation which has been continued to April 9th and we have hopkington stone and garden 28 Lumber Street notice of intent uh which has also been continued until April 9th uh so we'll go to work session items or items excuse me documents for review Kelly 99 Montana road an amended order of conditions Woodson 41 Front Street in order of conditions and we have 47 Stony Brook Road an extension permit uh any questions or comments on any of those documents from the commission any questions or comments from the public and if I I can get a motion to approve the doc those documents for uh review on behalf of the commission members present I'll make that motion second all right and we'll do the roll call vote Ed hi Ted hi Jim hi Matt hi Janine I and Jeff is an I um the chair uh yes Anna that motion did include having Kim sign on your behalf correct uh correct thank you you're welcome um okay one Fox Hollow rude uh request for an extension permit Kim did you want to give us some background on this please there let me pull up a site plan here for us all right so this is an existing permit which is a single family home uh within the Fox Hollow subdivision which is off of pwn street so it's one Fox Hollow Road I think it was permitted back in around 2018 so the commission permitted a single family home with Associated driveway and septic area the resource areas here are a buffer zone to BBW and then the 125t no disturb to a Vernal pool the property is surrounded by SVT property open space as well uh the current land homeowners purchased the property from the person the developer who who originally permitted it and they uh for whatever reason the house Foundation is in a slightly different location than what the commission approved so that change caused uh the septic location to need to be changed so the septic is now in the front of the house and the driveway will also excuse me need to be changed to accommodate the shift in the the foundation location the house is constructed the septic is constructed driver way is partially in so I do recommend that the commission issues the extension the applicant is working with myself the Board of Health uh and the building inspector we anticipate that they will be coming forward to conservation within a revised plan which may result in an amended order uh you know within a short amount of time hopefully within the next month or two so as part of this process I did request that their erosion and sentation controls get repaired and or replaced Anna was able to go out there the other day and she did confirm that the erosion controls have been repaired or replaced adequately to our satisfaction uh however I do need to note that it appears that the applicant repaired the erosion controls from the down gradient side um and that possibly there was some access from the SVT property so I did contact the applicant today to discuss that as well this site is a little weird the way that it was permitted uh maybe you all might have a better memory than I do because I was not the agent when this was permitted but it's almost like there's two erosion control lines or rather there's two limits of work there's the erosion controls and then there's this stone wall I think the commission's intent was for the limit of work to be at the stone wall until the work in the rear was done and then for the erosion controls to be moved up so the applicant did located in a location that is adequately you know protecting the the resources resource areas here that that need to be protected and that they are not accessing from SVT property or if they are they have permission from SVT so long roundabout story there I'll take questions uh but ultimately my recommendation is for the extension with the understanding that we will be seeing the applicant soon with a revised plan okay great thank you Kim so it's a two-year extension correct and uh the damage to the SBT property when it was access um for repair of the erosion controls was minimal is that correct yeah I would say it's it's mainly just some runting from the equipment okay uh okay yeah I think it it is like minimal uh plus uh so the Tony okay hold on hold on a second who's speaking please uh this is hello hi this is uhari uh I am the homeowner of one fox h Road okay that's a lot 12 uh oh sorry I didn't introduce myself uh so Kim was helping us to uh get the extension uh so we did uh whatever it is like uh to get the extension um so uh whatever uh she the board suggests so we try to uh accommodate that uh and then my site engineer he's actually joined Tony so he will be assisting Us in uh getting the access uh to the r uh okay um all right uh Kim can you just scroll through the pictures again are there any questions or comments from the commission uh I have a quick one Jeff yep go ahead Ted Kim um the foundation which is not laid as the plans the new foundation and location of the house did it impact the buffer zone areas at all or is it just somewhat closer causing the septic to have to move so it has not impacted the buffer zones yet but in order I'm trying to figure out how do I explain this so the good news is that the septic got moved to the front this is kind of a another um plan that the engineer provided that's more of an updated plan um so here's the the septic in the front um but the Reserve I guess there still needs to be a reserve area in the back Accord like by the Board of Health rules so the applicant's going to need to access the back of the property again and in order to do that they can't go over here because there's a constructed sale so they're going to need to come around the back and get access to that back area so it has not affected the buffer zone yet but it it will because of the um order of operations and the applicant may be requesting to have some type of retaining wall and or grading above and beyond associated with the driveway so you'll see here the driveway is outside of the 125 right and then in these plans well it's still out of the 125 um but there may be this is like the grade is really rough here I think that they are looking to do some type of retaining wall or grading so that's to be you know discussed with the commission that's a discussion for later okay yeah okay thanks I good question Ted um yeah sorry related question I you know I don't know if we'll discuss it later too so the foundation moved it it also looks a lot bigger is the footprint bigger as well I believe it is I would also leave that up to the it looks like 2,800 ft uh no it's according to this it looks like it's about it's definitely it was a shift and an orientation change uh CH obviously uh the square footage may be left question is is the footprint of foundation bigger you know what I mean so I I can't see the dimensions so that would be the question was the footprint larger that's what it would appear and and it look bigger than me too but do right yeah according to this plan it's 2500 for the footprint and in our approved plan it's showing 2800 oh I see okay I see yeah I mean I think I think the issue is with the orientation it kind of the house just kind of turned a little bit yeah and the lot the lot is just so tight in terms of um conservation and and kind of how it was originally set in there that kind of triggered uh you know different types of changes needing needed to happen on the lot at that point yeah and Title Five is what requires that Reserve area by way thanks who the chair this is Ed yes Ed is there a reason why the driveway can't be used to access the back it's a steep drop it's a steep drop off from the top of the driveway to the back it's a huge it's a huge Swope yeah I can't point there because I'm here and you're there so if you come into the driveway to the end of the driveway by the house yeah there yeah your machine you're gonna fall down a cliff right here okay yeah the elevation not going to work Ed um through the chair uh yes Matt yeah just as a point of clarity to help out here with the Board of Health so when you have a title 5 system you're required to dedicate area as a reserve area for septic if you ever had a failed system so it's not anything that needs to be installed in the near term you know 25 30 years from now the septic system fails it's an area dedicated for an alternate location more often than not it's replaced in kind in the same so it's not anything imminent it's just dedicating the footprint on the property for that use in the future if needed yeah I I would just try I mean this is just based on the meetings that um I've had with the Board of Health it sounds like they want the grading to be a certain way back here like um relatively flat and a certain because this is a slope they wanted to be a certain um amount of volume that breaks out of the slope so I think that's why there's that concern that they need to get equipment back here and and grade it per the board of Health's requirements to meet their their septic design so I no that's uh Matt that's a good point and you know in hopkington we're actually seeing septic systems fail like within 10 to 12 years not 25 years it's pretty common that new septic systems that have put in they're not um you know the the lifetime expectancy of the systems just isn't um isn't working and they're failing I don't know if that's because of you know the high uh Bedrock that we have in town or you know just poor placement of the systems but you know that's a fairly um issue that we've seen correct Kim yeah water and cramming them in no area yeah okay so um questions or comments from the public all right if we can get a motion to approve the extension permit for two years for one Fox Hollow Road please I'll make that motion and a second all right and we'll do the roll call Janine hi Ed hi Ted hi Jim hi Matt hi and d and I okay um Kim is that the last lot in that subdivision that's being developed or is there another one that's it that's the last goodness yeah okay good um okay 52 Sal Street requests for an estole certificate for the sale of 42 South Street Kim can you give us some background please absolutely so uh commission members may remember we actually went through this process as well in in 2020 one so um there is a CR on this property and in the CR it requires that the granter has the right to request a certificate from the grantee uh the certificate let's see uh the significance of the certificate is that if it's executed the granes are saying that the granter is complying with the conservation restriction and that the grantees are waving any actions to enforce the certificate based on events prior to the certificate signing so we're signing off that the CR is in okay shape before this transaction takes place essentially um in 2021 when we were requested to do this the first time I did reach out to Town Council and say this is really strange um is this something we really actually need to do and he did advise us that this particular CR has that provision in it and that we are required to respond within 30 days once the land owner makes a request of this type of nature so Anna actually went out with um why is the name escaping me somebody from halt Peter legoy Mory GA Mory gaer oh I'm sorry Anna went out with Mor gather from halt a few days ago to walk the the limits of the CR and and you know check for any obvious violations or concerns then there were none so I am asking the commission to allow me to have permission to sign in a stopple certificate related to this property okay uh questions comments from the commission seems pretty straightforward questions or comments from the public all right if we get a motion to approve the request uh for Kim to sign the estole certificate on behalf of the commission for 42 South Street this is it moved and we'll do the roll call Janine hi Ed hi Ted hi Jim hi Matt Matt hi and I'm I okay great thank you all right and last last but not least M maspenock Woods West Elm Street this is a request for a certificate of compliance and I'll pass it off to Kim yes so uh the commission has been considering this COC request for a number of meetings for a few months so I'm going to keep it to the updates so the applicant provided some an updated response letter along with an updated invasive species control plan and um an update on storm water BMP management so as reported by the applicant hoods have been added to all of the catch basins the storm water infrastructure was cleaned and maintained as recommended an operations and maintenance plan was provided for the HOA and the operations and maintenance plan does provide the contact info for the applicable person at the HOA the invasive species control plan was updated per Lucas environmentals recommendations and invasive species management took place as I said I did uh receive photo documentation of these items but I did not personally inspect uh each item uh that being said I do recommend issuance of the cooc at this point in time I think that the applicant has addressed all of our concerns okay great thank you than you Kim and um so I should have asked you this earlier Kim but what's the so the onm requires annual inspections is that correct correct okay got it okay questions comments from the commission members questions or comments from the public and we'll do the roll call vote to approve the certific ific of compliance for maspenock Woods West Elm Street uh this one's uh I'm sorry was there a question or comment this one has been in the works for a while uh so it's nice to get this one closed out uh is there a motion please I make that motion intitle second Jim's motion and we'll do a roll call Janine I Ed hi Ted hi Jim hi Matt hi and I'm an I um Kim when did this one when did this project start just I don't know if you have that in front of you this was this has been like 15 years in the works hasn't it this has been a long one the the accepted site plan is from 2016 so it would have been like probably went to Construction in 2017 oh okay I thought it was okay yeah I'll bet that there several of those places that have been bought and sold over that period of time too but nobody even through the chair I think that was the second permit it was originally permitted in like 2009 2010 but I don't remember exactly when they started working they did some work under the original permit you're right because they just stopped work halfway through right and then the permits expired and they had to refile yeah yeah okay so you're not you you were on it um okay all right well Melissa's coming in now so that she can vote on the uh concluding the meeting which is perfect um are there any public requests Kim there are none that I know of um I do want to remind the commission that our next meeting on April 9th is our orderly inperson meeting at the senior center all right looking forward to see everyone um is there a request for Refreshments cookies cake hey we should do that huh well if uh if anyone has yeah if anyone has a preference let us know I'll bring Italian cook all right sounds good uh motion to adjourn come on a second Janine yes Melissa yes Ted hi Ted Ted isn't I Jim hi Matt hi and I'm an i all right guys great thank you meeting is that a record meeting 725 y record right that might be one of the shortest meetings ever wow I almost missed it good night everybody good night good night everyone good night