The Open Space Preservation Commission on Thursday night discussed the steps that need to be taken for the town to accept an open space land donation from a solar energy developer.

Matt Accardi, a project developer at Agilitas Energy, spoke about the condition of an earthen dam on a 39.51-acre parcel of open space that the company intends to donate to the OSPC. Agilitas completed construction of its solar photovoltaic array at 69 Frankland Road earlier this year and needs to finalize the donation of this land before it can obtain a certificate of occupancy from the town.

In order to obtain a special permit and site plan approval for its solar photovoltaic array, Agilitas agreed to set aside a portion of the property for use as open space by a nonprofit town entity. Accardi said Agilitas also intends to place a conservation restriction on the land, with the Hopkinton Area Land Trust (HALT) as the beneficiary “to further secure it as open space.”

He noted the presence of the earthen dam, which is too small to fall under state regulation. It is about 7.5 feet high and 300 linear feet. It previously had been used by the Liberty Mutual insurance company to create a pond there for auto crash testing.

Since last month’s meeting, Accardi retained Lenart Consulting Services to inspect the dam’s condition. David Lenart, the owner, is an engineer who has been performing dam testing and engineering for about 40 years in western and central Massachusetts.

In order to bring the dam to a “safe and operable condition,” Accardi said Lenart made nine recommendations. They included the development of a formal operations and management plan, mowing grass and vegetation at least semiannually, repairing the spillway and clearing its entrance from debris, and establishing slope erosion protection measures on the upstream slope. A rusty screen at the inlet structure also needs to be replaced.

Accardi asked about the next steps he needs to take in order to obtain the certificate of occupancy. He questioned if the OSPC could accept the land donation contingent upon Agilitas being responsible for the necessary dam repair work.

He stressed that Agilitas could perform the maintenance work if it were considered part of an existing maintenance and operations plan. Otherwise, the company would incur additional costs, and it would take longer to complete. He asked for the OSPC’s support when the project goes before the Conservation Commission.

Chair Ed Harrow, who also is a Conservation Commission member, asked why the dam does not fall under the state’s jurisdiction. Accardi explained that it does not hold back enough water or “pose risk to the downstream community” to merit state designation.

Harrow added that Annual Town Meeting is only a few weeks away, when the approval of the donation would be decided.

Member Jane Moran suggested that the OSPC consider an order of conditions with its approval requiring that Agilitas completes the work.

Member Steve Levandosky noted that this is the acceptance of a gift. When the OSPC seeks Town Meeting approval to purchase land, the vote usually is undertaken with the understanding that the town will “iron out the details.”

Joe Clark, the Select Board’s OSPC liaison, said the Town Meeting article speaks to accepting the land. The acceptance then would authorize the Select Board to authorize the actions being discussed.

Added Clark: “From what I’m seeing, it’s a very easy yes at Town Meeting.”

The commission then voted unanimously in favor of accepting the land.

Winter Street wall discussed

The owners of a home at 61 Winter Street appeared before the commission to explain the circumstances behind their building a stone wall in front of their property that may be encroaching onto OSPC land.

In December 2024, Harrow told commission members he believed the wall encroached onto land under the OSPC’s jurisdiction. The OSPC approved hiring a surveyor to determine the property boundary. Harrow also met with HALT president Morrie Gasser, town counsel and the homeowners last week to discuss the situation at the site.

Homeowner Susan Turner said that the previous wall had been “totally demolished” when a dump truck crashed into it.

Town officials check out a stone wall on Winter Street that has come under question. PHOTO/JOHN CARDILLO

“What we did as citizens and smart people is we had to rebuild the wall,” she explained. “Otherwise the front lawn would be out in the road, constantly being washed away.”

She added that the wall was rebuilt two feet back of the original wall’s footprint. She provided members with a packet containing pictures.

Said Turner: “Whatever you decide, we are going to comply,”

Her husband, Chris, mentioned that the man who built the wall, Ed Scott, also was at the onsite meeting. He asked Scott then where he built the wall. The reply, Chris Turner said, was “where it started.”

Moran asked if there were pictures of the previous wall before it was destroyed. Susan Turner said didn’t have them, but one may be available on Google Maps.

“My interpretation of our concern as a commission is not about the great length of the wall,” said Harrow. “It’s: Does it extend in front of our property? I think we’re going down a rabbit hole at this point.”

The issue will be revisited later this month when Gasser is available to discuss it.