The Conservation Commission on Tuesday reviewed two cases where heavy rains did not excuse failing stormwater management methods.

Over the past few years, multiple applicants have appeared before the commission, claiming that installed stormwater management systems could not handle the heavy rains experienced in the region.

At this meeting, the contractor working on the new Baypath Humane Society facility, located at 90 Fruit Street, was chastised for not responding to notifications from the conservation administrator.

Later in the meeting, the construction project to pave Loop Road was reviewed for the same issue. In that case, the contractor reported the issue to conservation administrator Judy Day immediately.

Installation of silt fence questioned

The animal shelter’s plan originally was approved in 2020, five years after it had first been proposed. It was hampered by pandemic-related delays, but it moved forward thanks to hitting its $5 million fundraising target last March. A groundbreaking ceremony was held almost a year ago. When completed, it will be nearly four times larger than Baypath’s current 2,000-square-foot structure at Legacy Farms North Road.

Day said she observed “sediment-laden stormwater originating from the project site” on Aug. 3. It occurred in the area within conservation jurisdiction, where a water line was being installed. Torrential rain fell during the first week of the month.

She added that the turbid water entered into the wetland resource area there “through malfunctioning erosion controls.”

Using pictures, Day showed commission members how the silt fence “had kind of tilted over.” She noted that it did not look like it had been properly staked and was “flopping around.”

After speaking with a contractor, Day emailed the company a cease and desist order. This prevented further work in the conservation area until the erosion controls were repaired and the commission reviewed new grading plans.

Co-vice chair Ted Barker-Hook chaired the meeting in the absence of chair Melissa Recos. He stressed that an email had been sent to the contractor on July 30 regarding the same issue, but no response was received.

“A return visit on Aug. 3 showed that no action had been taken and that there were worsening problems,” he continued. “At least there was evidence of fixes by Aug. 6.”

Added Barker-Hook: “The workers were unresponsive to our prompts, which is a little concerning.”

‘Freak rainstorm’ leads to failure

Senior project manager Greg Dumas of RP Masiello explained that he had been on vacation during that time frame. The project superintendent also was away.

Once they returned, contractor S&M Farms was hired to repair the silt fence and install wattle, Dumas said. He did not submit updated grading plans because they had not yet been vetted by an engineer.

Dumas added that a “freak rainstorm” caused water to flow from Pratt Way toward the site entry point.

Barker-Hook told Dumas he approved of the site being “buttoned up” by installing another silt fence and wattle in front of the failed one. But he stressed that the town should be able to reach someone when a problem arises.

“Just as we’re plugging holes in that silt fence, hopefully we can plug holes in that communication,” he said.

Barker-Hook also said he was frustrated by contractors using rain as an excuse for what he perceived as poor planning.

“I can’t tell you how many times I’ve heard, ‘Freak storm is the reason we had a problem,’ ” he continued, noting his years on the commission. “Freak storms are the norm at this point. We get them every summer.”

Rain impacts Loop Road paving project

Day noted that a thunderstorm on Aug. 4 caused sediment to enter a wetland resource area near the Loop Road paving project. This effort is connected to the Hopkins School renovation/addition project The commission approved this project in February.

In contrast to the Baypath situation, Day noted that the contractor, Commodore Builders, notified her of the runoff quickly.

On site, Day said she observed how runoff had “undercut both the wattle and the silt fence.” It propelled sediment 50-100 feet into the conservation area.

She added that the contractor worked with LEC Environmental Consultants to restore eroded areas and add compost sock check dams to slow water flow.

Rich Kirby of LEC explained that while stormwater overran the erosion control system, sediment from “upgradient street drainage” also impacted the site. Removed curbs exposed soil, and fine particles passed through the erosion control barriers.

An action plan was created and implemented on Aug. 6. Also, Kirby pointed out that the stream beneath the road was not affected by the sediment.

Kirby noted that the paving project is nearing completion. Curbing of Loop Road will begin Aug. 12. The curb will direct runoff to the catch basins.

Barker-Hook praised Kirby for the quick response as well as for not mentioning a “freak storm.”

Joked Kirby: “I’ve learned my lesson the hard way several times.”

Joe Orzel, the town’s wetlands consultant, will survey the site.

Driver behavior impacts site

Barker-Hook noted that an hour before the meeting, he observed people “in big pickup trucks” heading to the baseball field’s parking area despite signs prohibiting traffic. He advised that the Hopkinton Police Department be consulted about the issue because it could impact the construction work.

Chris Eberly of Vertex, the owner’s project manager, called the situation “a constant battle.”

“We have consistently attempted through multiple means to make the public aware that they should not be entering that area while it’s under construction,” he stressed. “And the residents of Hopkinton are dedicated to entering that area regardless of what we tell them.”

They are exposing themselves to potential safety issues, he added.

For the record, the program that has been using the baseball field is a club team, which draws people from a variety of towns.

Rain barrel program promoted

Day noted that the Department of Public Works is promoting a residential rain barrel program. Rain barrels can be ordered for $85 by Sept. 16 at midnight. They can be picked up on Sept. 26 at the DPW headquarters at 83 Wood Street.

The rain barrels can hold about 60 gallons of water. They capture rain from roof runoff and assist in water conservation.

This water can be used for gardens, Day noted. This can help residents impacted by the outdoor water usage ban prompted by the ongoing drought.

DPW director Kerry Reed can be contacted for more information, Day said. Reed’s email address is kreed@hopkintonma.gov.

Hearings continued

A hearing regarding the razing and enlarging of the Islamic Masumeen Center of New England, located at 115 Wood Street, was continued before the meeting.

Agilitas Energy’s notice of intent hearing was continued until Aug. 25. The solar energy company is proposing to repair an earthen dam impacting its solar photovoltaic array at 69 Frankland Road.