The Conservation Commission on Tuesday night voted 4-0 to not issue new building permits for the Newbury Glen subdivision until pending improvements are made after the latest in a series of violations was discussed with project representatives.

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. Another violation occurred in December 2024, and more recent stormwater violations there were discussed in March.

Conservation administrator Judy Day said she observed “significantly turbid water” leaving the off-site basins there on May 9. Silty runoff was flowing to resources downstream, causing concern.

This situation was different from previous violations because it appeared that there was “some kind of blowout in the pipe” that leads from the main basin into a channel that conveys water to a smaller basin further downstream, she added. On the day of the meeting, Day saw water being pumped out of the larger basin into a dewatering bag.

Rich Kirby, the consultant from LEC Environmental for Toll Brothers, the developer, said he met with the new contractor on May 12 to discuss the situation. The previous contractor, who was working on the project when the older violations occurred, was fired.

He said there appeared to be “some issues with the grout and sealing of the pipe that occurs between this pondage and the drain manhole.” This allowed water to bypass a valve and it “excavated a void,” allowing dirt to enter the system. He deemed it “an episodic event.”

The contractor was in the process of pumping the water out of the main stormwater basin, Kirby explained. He hoped repairs could be made within the next four weeks, depending upon the weather.

These photos provided by the town show some of the issues at the Newbury Glen construction site.

Moving forward, Kirby discussed several “preventive measures” that will be implemented. Five 18-inch coir log check dams will be installed near the main basin. Floc logs will be placed at the manhole outlet pipe, while the smaller basin’s outlet will be plugged with an outlet that has a bypass. There also will be a “much more significant check dam” of about 30 feet installed at the smaller basin, where coir logs will be put in place for the duration of the construction period.

Said Kirby: “We want this to last and be formidable when protecting these downstream resources.”

Co-vice chair Matt Moyen, who chaired the meeting, was pleased that measures were being taken to safeguard the downgradient area. He noted that there is very shallow groundwater in this part of town. But he raised the concern of losing basin volume by continuing to store water in them.

Kirby replied that the check dams are intended to slow the movement of water rather than impede it. The second basin would allow water to be held back “if we need to.”

Moyen stressed the history of violations on the project. He said it did not appear that the basins were being “dewatered on a consistent basis.” The larger basin should be the “last line of defense.”

Another issue Moyen raised is that much of the land isn’t currently being built upon. The general permit issued called for “temporary permanent stabilization after 14 days.” Moyen also noted the lack of dewatering bags on-site.

Kirby noted that water has been running across the site down from the location of the middle and high schools. There are catch basins behind the house lots that are working to catch it.

“There have been substantial improvements since I’ve seen it [on] day one,” said Moyen. “But source control has been lacking all along. And without source controls, it’s going to be a continuous battle.”

Co-vice chair Ted Barker-Hook said that he was happy that a new contractor is working on the project. But he was critical that it took several weeks for this contractor to act on a violation meeting notice.

“Why has it taken another violation meeting to realize that all this dirt is still exposed, even though we have the new, better contractor who’s supposed to be better at these things?” he asked.

He then stressed that the commission had asked “two months before” for the sites not being worked on to be stabilized, and no action has been taken yet.

Replied Kirby: “It all takes time.”

“I’ve been sitting here utterly frustrated that this is a continuing episode,” said member Ed Harrow, questioning management decisions.

Moyen said he was “cautiously optimistic” about the new contractor. But until the stabilization methods are implemented, he recommended the withholding of all new building permits.

Baypath animal shelter moves forward

An order of conditions was approved 4-0 for the installation of utilities for a proposed animal shelter at 66-66B Fruit Street.

After a decade-long effort, Baypath Humane Society of Hopkinton, which runs a shelter on Legacy Farms North Road, will be able to move forward with its plan to construct an animal shelter. Day explained that since the last meeting, a file number from the state’s Department of Environmental Protection was received. The applicant also added a line of permanent immovable barriers in between the gravel drive and the wetland to the plans at the commission’s request.