Conservation Commission members at Tuesday’s meeting expressed frustration with Toll Brothers, the developer of Newbury Glen, for repeated stormwater violations on this project as well as with the Chamberlain/Whalen subdivision it also built.

Newbury Glen, previously called Elmwood Farms III, is located off Blueberry Lane. It incurred three violations in July and August 2023, which led to an enforcement order that September. The most recent violations occurred there in December 2024 around a catch basin on Fitch Avenue.

The Chamberlain/Whalen subdivision also had a stormwater management violation in January 2024, which prompted commission members to ask the developer to become proactive rather than reactive.

Conservation administrator Judy Day explained that the most recent violation at Newbury Glen occurred on March 5. She and Anna Rogers, the town’s environmental and inspectional services coordinator, observed turbid water runoff on Fitch Avenue on March 6 after the previous day’s rainstorm, as well as silty water entering a basin downstream across from 33 Blueberry Lane. She displayed eight pictures documenting the runoff, which continued to the west of 47 Blueberry Lane. Waddles along the disturbance site had been “ripped up,” Day said.

Rich Kirby, the developer’s consultant from LEC Environmental, said he was “very disappointed” with the situation. He also was on site March 6, along with Pare Corporation, the town’s environmental consulting firm, to inspect the situation. He explained the contractor told him the “primary cause” was the failure of the outlet control structure at the offsite basin to control the overflow.

He reminded the commission that additional measures had been taken in early January after the violation the previous month. They included straw, seeding, tacking and the installation of a silt fence and compost socks on Fitch Avenue. Temporary basins and diversion swales also were installed.

“This particular storm came pretty much at the worst time,” said Kirby, noting that the combined rain and melting snow on frozen ground led to issues with equipment function.

Kirby presented a turbidity correction plan, which included installing a new seal and a steel plate and metal gasket at the offsite basin. The wooden board that was there previously failed to control the overflow. A compost sock and filtration fencing was installed along the length of Fitch Avenue. Seed and loam will be installed at exposed areas. Sweeping now will occur three times a week rather than once a week.

Commission members expressed their irritation about the excuses given by Kirby, such as frozen ground.

“I just have to start by saying that it’s quite disappointing that we’re here again,” said chair Melissa Recos. “You know, this is the third time in a row that we’re kind of chasing our tails instead of being proactive once again.”

She stressed that this is the worst season for construction because of the freezing and thawing of ice and snow and anticipated rain. This “worst-case scenario” should have been prevented.

Recos also called blaming the contractors “a repetitive theme here,” adding that it’s the developer’s responsibility to oversee them. She recommended that silt bags and pumps be kept on site.

Ted Merchant, the land development director for Toll Brothers, said he “hadn’t fully explored” the situation yet. He would “try to circulate and formulate a better plan” if the water remains turbid.

This response prompted member Ed Harrow to quote the famous saying by Yoda, the Jedi master in the “Star Wars” movie series.

Said Harrow: “There is no try; there’s do or not do.”

“This has been an example of poor management and poor timing,” Harrow continued. “I am just dumbfounded, and there’s no other way to put it, that you don’t manage the equipment operators.”

These photos provided by the town show silty runoff at the Newbury Glen construction site.

Member Jim Ciriello agreed, saying he is “no longer shocked” because of the repetitive nature of this situation and with other projects.

“Do contractors and developers have weather apps or any way to predict what the weather’s going to be?” he questioned. “Every time we get a violation like this, it happened at the worst possible time. How come nobody can predict what the worst possible time is going to be?”

Ted Barker-Hook, the co-vice chair, leveled perhaps the harshest criticism.

“This is maddening,” he said. “At this point, after the Chamberlain/Whalen violations that we have had, and now the three that we’ve had in four months, I’m at the end of my rope with Toll Brothers. I don’t know that I ever want Toll Brothers to come to Hopkinton again after what we’re dealing with.”