A stone wall at 61 Winter Street appears to be encroaching on town-owned land, according to Ed Harrow, the chair of the Open Space Preservation Commission. PHOTO/TOWN OF HOPKINTON

The Open Space Preservation Commission at its meeting Thursday night talked about potential corrective actions that could be taken regarding a stone wall that the chair believes encroaches on town property.

Chair Ed Harrow said he became aware of a motor vehicle accident in May where a dump truck owned by H.C. Larter, a local construction company, may have inadvertently struck a stone wall at 61 Winter Street as it allegedly tried to avoid an oncoming vehicle.

What Harrow said was more disturbing to him is that the stone wall appears to extend onto town property.

“The homeowner has had a fabulous wall built there,” he said, “which I believe is a violation of the scenic road bylaw. I suspect that it interferes with the town right of way.”

He added that it also encroaches upon town land under the OSPC’s jurisdiction by about 11 feet. The boundary marker that had been there no longer is visible, and an “impromptu culvert” was blocked by the wall.

Harrow reported the issue to Department of Public Works Director Kerry Reed and Principal Planner John Gelcich. He noted that the property owner, Chris Turner, has “frequently overstepped onto Open Space property,” but he was unable to contact Turner regarding the stone wall.

Member Jane Moran suggested that the property be surveyed to determine where the boundary marker should be located. This will provide a factual basis for a claim of encroachment. This was approved by a 4-0-1 vote, with member Nancy Peters abstaining.

Year’s accomplishments discussed

Harrow intends to submit a report to the Select Board detailing the commission’s accomplishments over the past year as well as its current projects. A major win was the town’s purchase of the Colella property for use as open space. A  goal for the upcoming year is to see if grant funding could be obtained to address the invasive species overgrowth there.

Other items included improved information sharing between the OSPC and other town entities, the maintenance of land the OSPC oversees and the creation of the pollinator gardens in July.

Moran said one thing she would like to stress is the commission’s willingness to work with private property owners who may have inadvertently encroached upon OSPC land to reach a reasonable solution.

Said Moran: “A lot of people don’t realize it, but I think it’s important for people to know that we are actively watching for the town’s best interest.”

Member Steve Levandosky said this information can be incorporated into the OSPC’s annual report, which it will submit early next year.

Select Board member Joe Clark, the OSPC liaison, stressed his willingness to be a conduit, particularly if issues arise that need to be addressed more immediately by the Select Board.

Opportunity for land purchases identified

Harrow discussed the possibility of the OSPC purchasing land on Williams Way. The current owner, he said, appears to be in arrears on paying a property tax bill. The land is adjacent to a power line easement and other OSPC property.

Shannon Isaacs, a Land Use Department administrative assistant, brought to the commission’s attention a parcel on Bowdoin Road that could be viable for the OSPC to obtain. The property owner had reached out to the town’s tax collector to inquire about possibly donating the land to the town to settle a tax bill.

This area is next to a town-owned parcel on Old Town Road, which Isaacs described as a “discontinued paper road” in the vicinity of Lake Maspenock. A potential use discussed would be for a dirt parking area for the trail system there.

The next steps, Isaacs said, are to connect with the tax collector and town counsel to see what the process is to acquire the land, and if funds could be requested from the Community Preservation Committee for the purchase, if applicable. A motion was approved confirming the commission’s interest in this land.