The Town of Southborough Conservation Commission voted to close the continued hearing for a notice of intent for 38 Sears Road and to issue an order of conditions that includes specific planting and decommissioning requirements.

The application, filed by Michael DePinto and represented at the hearing by Bruce Ringwell, proposes reconstruction of a swimming pool and adjacent lawn area on Map 63, Lot 14. The commission closed the public hearing after consultant reviews and applicant responses were discussed.

Commission consultant Joe (Lucas Environmental) told the commission he had gone back to the site and reviewed materials and that “the broken drainage pipe … discharges near the top of the slope, above the wetland.” Bruce Ringwell, representing the applicant, told the commission the contractor had visited the site twice and had not been able to locate the pipe, and that the pipe is a long way from the work area. Ringwell also said he obtained a DEP file number and that most consultant comments were addressed in revised plans and narrative.

Commissioners and the consultant raised three items the commission added to the conditions: (1) removal by hand of material previously placed adjacent to the tennis court that had been flagged as occurring within the wetland buffer; (2) replacement of a plant listed on the landscape plan because the species is non‑native to Massachusetts; and (3) a condition describing how any existing pool water must be removed and disposed of off‑site rather than discharged to wetlands. “We have a long‑standing practice of not allowing non‑native plants within the buffer zone,” a commissioner said, and the commission conditioned approval on replacing the listed species with a native alternative approved by the commission’s agent prior to installation.

After discussion the commission made a motion to close the hearing; the roll call recorded votes in favor. Later in the meeting the commission voted to issue an order of conditions for the 38 Sears Road project that includes standard conditions plus the three items above (hand removal of court material, pump‑and‑remove pool water, and planting subject to agent approval).

The commission closed the hearing with the condition that the applicant provide a revised planting list to the commission’s agent and that the non‑native species be removed or substituted prior to planting. The applicant agreed to supply the revised plant list to Town staff.

The order of conditions will be issued by the commission and the agent will confirm final plant species and any remaining minor details before planting.