The Conservation Commission on Tuesday approved a certificate of compliance request for 12 Leonard Street after the homeowner’s explanation changed the course of the protracted debate with the developer over responsibility issues.
Lou Petrozzi, the president of Wall Street Development Corp., applied for certificates of compliance (COCs) for this property as well as 10 Leonard Street. Petrozzi has had a contentious relationship with the commission in recent years. A three-unit subdivision he developed on Leonard Street — off Grove Street, one block north of Hopkinton Middle School — has experienced stormwater management issues since July 2021. An intermittent stream was not shown on plans submitted in February 2024 for 12 North Mill Street. At the July 22 meeting, Petrozzi complained about what he called “excessive” fees for a peer review of the project.
At this meeting, Petrozzi said he believed the commission was nitpicking about his not removing an erosion control barrier and the location and type of plantings on the properties. He also said he should not be held responsible for violations of orders of conditions once the properties have been sold.
Conservation administrator Judy Day explained that the peer consultant review provided by Joe Orzel questioned whether plants were placed according to the approved planting plan. She also said required planting plans and invasive species management reports should have been filed in a more timely manner.
“After the fact from the applicant, we did receive some before-and-after pictures,” she said. There also were invoices for plants purchased for both properties.
Upon inspection, Day said she saw the erosion control barrier still in place at 10 Leonard Street and knotweed along the side of the road. At 12 Leonard Street, she did not see any trees planted that were required at 300-square-foot intervals.
Added Day: “The other issue with 12 Leonard is that the residents seem to have carved out a trail throughout the wetland.”
Petrozzi said the properties were sold about two years ago and that he should not be held responsible for what the homeowners do on their respective properties.
“My response to you would just be that a more timely submission of a request would take care of a lot of these issues,” countered chair Melissa Recos. “We cannot approve a request for a certificate of compliance when there are still erosion controls in place.”
Petrozzi asked that the COC be approved with the condition that the erosion control measures be removed, saying that part was his responsibility. Recos indicated that in past circumstances, applicants have failed to complete the requirements after being granted leniency.
Recos’ concern about 10 Leonard was that while shrubs had been planted, it did not appear that trees were there.
Said Petrozzi: “I just don’t think it’s appropriate to hold up a certificate of compliance for a few shrubs. … This is kind of petty.”
Co-vice chair Matthew Moyen said Petrozzi did not comply with the orders of conditions.
“It’s not our responsibility to cater to your desire,” Moyen stressed. “It’s our responsibility to apply the order that was issued to our decision-making.”
Co-vice chair Ted Barker-Hook added that the commission must base its decision on the state of the property at this time.
At that point, Orzel said he saw in his notes that red maples were planted at both properties. The number of trees was not indicated. But some areas where trees were supposed to be planted didn’t have them, according to his records.
Jake Todaro, who owns 12 Leonard Street, jumped into the conversation. He said he didn’t know that he was prohibited from creating a trail on his property for his child. Also, he didn’t realize he was not supposed to mow the grass beyond the permanent immovable barriers. Todaro agreed to let the trail area regrow and to place stakes at the barrier line. This alleviated members’ concerns, and the COC was granted in a 5-0 vote. Proof that the grass has grown over the trail must be submitted before the COC is released.
Regarding 10 Leonard Street, Moyen stressed to Petrozzi that when the erosion control barrier is removed, the site needs to be stabilized. Petrozzi confirmed his understanding of that request.
Lake Maspenock extended drawdown OK’d
The commission approved in a 4-0 vote a request by Department of Public Works Director Kerry Reed to initiate an extended drawdown of Lake Maspenock as a means of naturally controlling weed growth.
She said that this is part of the weed management program recommended by the Citizen Input Group (CIG), which monitors the area. Every three years, a complete drawdown is recommended to expose the lake’s floor to cold temperatures to freeze weed growth.
Typically, Reed said a drawdown goes 3-5 feet. It allows for maintenance of the dam as well.
Reed noted that the weeds are starting to grow back, according to a recent survey. But she also stressed that she is “very cognizant of the drought conditions that we’re experiencing now” and will monitor the situation.
Support offered for DPW project
Reed also requested a support letter from the commission on a proposed project at Ice House Pond, located next to the Golden Pond assisted living facility near the Berry Acres conservation area on West Main Street. It was approved in a 5-0 vote.
Reed intends to request funding from the Community Preservation Committee (CPC) for a conceptual design for area improvements. A small gravel parking area and a historic train depot building are located there. Her plan would improve accessibility, reconfigure the lot and include buffer landscaping. The plan also seeks to preserve the area’s historical and recreational elements, including the building.
Moyen said he supported the idea as “an educational tool” for the community. Member Jim Ciriello, the CPC liaison, asked if this could be used as a trailhead for Berry Acres and suggested a crosswalk if that were to occur.
Member Ed Harrow noted that he saw a picture circa 1930 that showed this was the “home ice” for the Hopkinton High School hockey team. He suggested that a copy of the picture be hung in the building.
New members sought
With the recent resignations of Janine LeBlanc and Heather Burton, the commission is actively recruiting new members for the two open seats. Day and commission members will be at Hopkinton Family Day on Saturday at the high school athletic fields to talk with anyone interested in applying. The commission also will have activities for kids.
I regard to the Leonard Street development, I am an abutter at 56 Pleasant Street. The building of three large houses on a previously wooded area has greatly impacted the character of my property and its location. The grade of the project was increased to the point where my old stone wall was damaged, Petrozzi rebuilt and raised a section of it up but parts are falling down. Additionally he had verbally promised to purchase a tree(s) to help with privacy issues but never did that. The town told me that was between him and me and that the project was no longer within their purview. This sounds like more of the same issues with a developer that doesn’t make good on his promises and a town that doesn’t adequately support its residents.