The Conservation Commission on Tuesday chastised the representative of the owner of a West Main Street property seeking mature tree removal. Members told the applicant early in the process that a home on this site would be problematic.

The meeting focused on two requests for tree removal at a home construction site off West Main Street near Elm Street. The project has been cited with multiple past violations.

Frustration came to a head in August when applicant Yuan Li was assessed $1,800 in fines for the removal of six trees by the contractor. Erosion controls were damaged, and bark was stripped from trees. Eleven trees were severely damaged, and vegetation was dumped outside the limit of work.

At that time, co-vice chair Ted Barker-Hook called this situation the “most egregious violation I have seen in my time on the commission.”

Mature tree requires removal

The violation reviewed at this meeting focused on an arborist report that particularly highlighted a white pine tree with a 22-inch caliper, said conservation administrator Judy Day.

Sam Malafronte, a project manager with Soli Engineering, reported that the arborist recommended removal of this tree. The damage, combined with its trunk structure, made its survival rate “pretty low.”

Six other trees and shrubs were identified, noted Malafronte. They appeared likely to survive, according to the arborist. The arborist also noted preexisting bark damage due to animals extracting sap.

Chair Melissa Recos said in situations where tree removal is necessary, a planting plan should be provided. Trees must typically be replaced at a 2-1 ratio. She asked if there was a location on the property that could accommodate replacement trees. Malafronte said he would consult the landscape architect.

“To your point, it’s definitely a significant tree in my eyes,” said Malafronte.

He added that it is “probably in falling distance” of the home.

Day said a new enforcement order should be created for the removal and replanting of this tree with an “ecologically similar species.” The existing enforcement order should be closed out.

Inspections revisit past violations

Malafronte asked if this new enforcement order would include the current weekly erosion control inspections. He noted that mitigation tools had been installed. Also, the contractor intends to leave the site dormant for part of the winter.

“If you’d like my two cents on it, I think it’s been reassuring knowing somebody is going to the site keeping an eye on things,” said Day. “I don’t think we had that reassurance prior to the violation, so I have found that valuable.”

Recos agreed. Her concern was that the septic system and well have yet to be installed, which would cause ground disturbance.

Barker-Hook reiterated that the previous violations “came from shocking carelessness.” Because of this, he recommended keeping check-ins. Member Ed Harrow agreed.

Malafronte said Li hopes to have the well, septic system and foundation installed prior to the winter. The construction would “go full steam ahead” after a dormant period, weather permitting.

Due to the construction cycle, Recos recommended that weekly inspections continue in the new enforcement order. Members agreed, voting 6-0 in favor.

Change calls for tree removal

Malafronte asked for another tree removal in a minor project change request. He noted that the previous tree-clearing activity led to damage to a mature pine tree that is on the 100-foot buffer line. It is leaning precariously toward the existing home at 30 West Main Street, he said.

“This is a domino effect of the installation of the driveway,” said Recos.

“Unfortunate,” added Harrow. “And it really annoys me.”

Malafronte called the tree a hazard. It is near where the septic system will be installed.

“I just want to share how incredibly frustrating this is,” said Barker-Hook. “We saw this project as virtually impossible to squeeze into this space. And we said this seems fraught with all sorts of problems. And now we’re seeing the problems.”

He added that it put the commission in “an unfair position on a project that we had real, real concerns about” by asking it “about removing significant, significant trees.”

Day suggested adding this tree replanting to the landscaping plan that Malafronte will present to the commission at the Nov. 24 meeting. Recos said a planting plan needs to be before the commission with the request to remove a tree.

Malafronte noted the cost and the tree company’s schedule as potential mitigating factors. He also stressed the owner’s concern about safety.

“I think the commission is going through its own pain and suffering right now with this,” stressed Recos. “I don’t necessarily feel the need to push the commission to make a decision tonight.”

Barker-Hook suggested “DBH replacement,” or diameter at breast height, as a more suitable option for tree replacement than a 2-1 ratio, given the size and age of the tree.

Malafronte agreed that DBH replacement would be a suitable option.

“I will request a continuation because I think it is a true hazard,” stressed Malafronte, “regardless of the project and the emotions expressed behind some of the statements made from the commission.”

Executive session held on lawsuit

At the meeting’s start, the commission held a 13-minute executive session to discuss a lawsuit brought against the Town of Hopkinton, the Conservation Commission and its current members by Wall Street Development Corporation. Developer Lou Petrozzi has sought for nearly two years to build a single-family home at 12 North Mill Street.

A civil action was filed in Middlesex Superior Court on Aug. 6, according to masscourts.org.

On May 19, the commission approved the notice of intent for a single-family home on 12 North Mill Street per the Wetlands Protection Act standards in a 4-2 vote. But in a separate vote applying the town’s wetlands protection regulations, the commission voted 3-3, essentially defeating the proposal.

Preliminary documents on 12 North Mill Street date back to 2023. Alternative sites had been proposed.

The hearing scheduled for this meeting on proposed soil testing at 12 North Mill Street was continued until Dec. 15 at the request of the applicant.

Other hearings continued

Three other main hearings were continued. They included the hearings on the Masumeen Charitable Trust’s request to raze and rebuild the mosque at 115 Wood Street; the proposed improvements to the Sandy Beach parking lot at 4 Lakeshore Drive and the DPW’s request for a culvert replacement off Granite Street.

Moth infestation seen on Town Common

Day noted that the Massachusetts Department of Environmental Protection reported to her that there is box tree moth infestation on the Town Common. This is considered an invasive species.

“It sounds like they’ve been there all summer,” said Day.

No remedy was proposed.