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20190114 - Planning Board - Agenda
TOWN OF HOPKINTON PLANNING BOARD Monday, January 14, 2019 7:00 P.M. Hopkinton Town Hall, 18 Main Street, Hopkinton, MA Room 215/216 (Open Session); Room 211 (Executive Session) AGENDA 6:30 Executive Session The Board will convene in executive session to consider litigation strategy with respect to TJA Clean Energy LLC v Hopkinton Planning Board. Open Session: 7:00 Continued Public Hearings – 52 & 55 Wilson Street - 1) Stormwater Management Permit Application; 2) Earth Removal Permit Application - Eversource Energy Proposed stormwater management and earth removal associated with the construction of a replacement Liquefied Natural Gas (LNG) liquefaction facility 7:30 Elmwood Farms III Subdivision - Discussion Discuss potential modifications to unconstructed portions of approved subdivision off Blueberry Lane 7:45 Continued Public Hearing - Maspenock Woods (West Elm St.) - Maspenock Woods Realty Trust Proposed amendment to a special permit granted pursuant to the Garden Apartments in Residential Districts bylaw, to allow demolition and replacement of the dwelling at 5 West Elm St. 8:15 Continued Public Hearing - 18 Cedar St. - Off-Street Parking Special Permit Application - Janice Brown Parking between a building and a street in connection with proposed multifamily residential structure 9:25 Continued Public Hearing - Whisper Way OSLPD - Definitive Subdivision Plan Application - 20th Century Homes Proposed 24-lot single family subdivision off Whisper Way and Wood Street Business to be considered by the Board at any time during the meeting: ● Approve Minutes (12/3/2018) ● Potential Zoning Bylaw Amendments - Review Zoning Advisory Committee recommendations; vote to submit into 2019 ATM warrant ● Review Planning Board 2018 annual report ● Discuss meeting schedule, including rescheduling the 2/11/19 meeting ● Discuss Principal Planner vacancy ● Board member reports and future agenda items ● Correspondence Town of Hopkinton Department of Land Use, Planning and Permitting 18 Main Street, Hopkinton MA 01748 508-497-9745 1 DATE: January 10, 2019 TO: Planning Board FROM: Elaine Lazarus, Director of Land Use and Town Operations RE: Items on Planning Board Agenda, January 14, 2019 1. Continued Public Hearings – 52 & 55 Wilson Street – 1) Stormwater Management Permit Application; 2) Earth Removal Permit Application – Eversource Energy An application for a stormwater management permit (SWMP) has been submitted to the Board pursuant to Chapter 172 of the General Bylaws, Stormwater Management and Erosion Control. A majority vote is required for approval and a decision is due by January 24. The Applicant has also submitted an application for an earth removal permit pursuant to Chapter 96 of the General Bylaws, Earth Removal. A majority vote is required for approval and a decision is due by January 24. Both hearings are being held concurrently. All members are eligible to vote on the applications. Eversource filed a petition with the Department of Public Utilities (DPU) requesting zoning exemptions for the liquefier project. A decision has been issued and was provided to the Board. Comprehensive zoning exemptions were granted. The Conservation Commission approved the project and an Order of Conditions was issued. Materials Submitted to date: The SWMP/Earth Removal revised plans are included in the meeting packet. The plans submitted with the SWMP are the same plans submitted with the Earth Removal permit application. The following applications and appendices were too large to include in the packet but can be accessed via the links below: Earth Removal Application and Narrative Stormwater Management Permit Application and Narrative Appendix B – Stormwater Report Appendix C - SWPPP Appendix D – Operation & Maintenance Plan Stormwater Management Revision Memo 10-9-18 Supplemental Information Memo - Fire Fighting Foam 11-15-18 All outstanding comments identified by BETA Group have been addressed and relevant Stormwater Management Standards have been met. BETA recommended two conditions relative to the SWPPP and stormwater detention basin to be used during construction. Those 2 recommended conditions have been added to the draft conditions that are included in the Board’s meeting materials. Board Action 1. Vote on Stormwater Management Permit - A motion would be made in accordance with either item 1, 2, 3 or 4 listed below under the Stormwater heading. 2. Vote on Earth Removal Permit (including the waiver request) - The waiver request and grant of the permit can be in the same motion, or a separate motion on the waiver can be made first, followed by a motion on the grant of the permit. Stormwater: The Stormwater Regulations adopted by the Board states that the Planning Board’s action, rendered in writing, shall consist of one of the following 4 options: 1. Approval of the SMP application based upon determination that the proposed plan meets the Standards in Section 7.0, will adequately protect the water resources of the community and is in compliance with the requirements set forth in the Bylaw and the Regulations, 2. Approval of the SMP application subject to any conditions, modifications or restrictions required by the Planning Board which will ensure that the project meets the Standards in Section 7.0 and adequately protects water resources, set forth in the Bylaw and the Regulations, 3. Disapproval of the SMP application based upon a determination that the proposed plan, as submitted, does not meet the Standards in Section 7.0, does not adequately protect water resources, or does not comply with the provisions of the Bylaw or the Regulations. 4. The Planning Board may disapprove an application “without prejudice” where an applicant fails to provide requested additional information or review fees that in the Planning Board’s opinion are needed to adequately describe or review the proposed project. Draft Stormwater Management Permit conditions are included in the Board’s meeting materials. Earth Removal: The Earth Removal bylaw (Chapter 96 of the General Bylaws) states in Sec. 96-6 that earth removal permits may be granted by the Board if it finds each of the following: 1. The proposed earth removal conforms to the purpose of the chapter. 2. The earth removal operation on the permitted lot will not: ● Be injurious or dangerous to the public health or safety. ● Produce noise, dust or other effects detrimental to the normal use of adjacent property. ● Have a material adverse effect on the health or safety of persons living in the neighborhood or on the use or amenities of adjacent land. ● The earth removal activity will not result in traffic conditions on roads in the area of the earth removal activity which will cause unsafe and dangerous conditions. ● The regulations contained in this chapter will be complied with. 3 The bylaw states that the Board may impose permit conditions, which could include: ● A requirement that the operation occur in phases; ● The submission of periodic status reports; ● Establish hours of operation; ● Post a bond to guarantee conformity with the conditions of the permit; ● A deposit of funds for engineering review and inspection of the premises during the earth removal period. Waiver Request: The Applicant has requested a waiver from Section 96-3.H, which requires that a 100’ buffer strip of undisturbed land be maintained at all boundaries of the lot and street lines. The Applicant has stated that the buffer is less than 100’ in various areas of the site. A formal vote granting a waiver from Section 96-3.H. is required. Draft Earth Removal permit conditions are included in the Board’s meeting materials. 2. Elmwood Farms III Discussion The Elmwood Farms III subdivision was approved in 1989. A portion of the subdivision was constructed (the Blueberry Lane part) and a portion was not. The subdivision approval remains valid for the entire subdivision, and the remaining portion can technically be constructed. The owner would like the Board’s feedback relative to potential modifications to the unconstructed portion, which in general, would eliminate some through-roads, create dead end streets, and reduce the number of lots. A change in the configuration of wetlands is one of the reasons why a redesign is being considered. Although it is technically correct that the subdivision remains subject to the subdivision regulations in effect when the plan was approved, the Board may wish to encourage the owner to conform to the current stormwater management standards in the new section if the plan is redesigned. The runoff from the unconstructed portion was designed to flow to the existing system in Blueberry Lane, and at the very least, there should be an analysis as to whether things have changed from the original design analysis and whether that system can handle the additional flow. 3. Public Hearing - Maspenock Woods - Garden Apartment Special Permit Amendment An application to amend a Special Permit issued by the Board on Dec. 20, 2005 has been submitted. A decision is due 90 days from the close of the public hearing and ⅔ vote is required for approval. The original 31-unit Garden Apartment development as approved contained 30 new units off an access drive on West Elm St. between #9 and #13, which has been built and units continue to be constructed there. The house at 5 West Elm St. was owned and occupied by the owner of the land at the time that the Board approved the development, and she wished to remain in the house after approval. Therefore, the approved site plan showed the retention of the house as one of the units in the development. However, in the years since, the owner has moved on and the developer would like to demolish the house and replace it with a new detached dwelling, which 4 would remain one of the condominium units. The other change proposed is the removal and replacement of the driveway. The Board would be amending condition #6 of the 2005 special permit, which states: 6. The development shall contain a maximum of 31 dwelling units, including the existing house at 5 West Elm St. New units shall be in a townhouse style as submitted to the Board. If the Board decides to approve the amendment, I recommend that condition #6 be worded something like: 6. The development shall contain a maximum of 31 dwelling units. New units shall be in a townhouse style as submitted to the Board, with the exception that the unit at 5 West Elm Street shall be a single family detached dwelling. The standards for issuing Garden Apartment special permits are below (Zoning Bylaw §210- 75.A(1)(d)). The bylaw states that before the Planning Board may issue the special permit, it shall determine each of the following: 1. That the proposed development constitutes a desirable development in the neighborhood and in the town. 2. That the proposed development will not be detrimental to the neighborhood or the town. 3. That the plans generally provide adequately for convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets, property or improvements, with the understanding that review of such items will be more detailed at the site plan stage. 4. That the plans appear to provide adequate methods of disposal of sewerage, refuse and other wastes, adequate methods for drainage for surface water and seasonal flooding, if any, and adequate provision of water for domestic purposes, with the understanding that review of such items will be more detailed at the site plan stage. 5. That the plan complies with the Master Plan. 6. That the provisions of § 210-72A and B of this article have been met. A 7th criteria was adopted at the 2016 annual town meeting and does not apply to this project: That the Town of Hopkinton has not met the statutory goal to provide 10% of its housing stock as affordable housing pursuant to Sections 20 through 23 of Chapter 40B of the Massachusetts General laws. Amendments to a zoning bylaw do not apply to special permits already issued (MGL c.40A sec. 6). Board Actions: ● Motion #1 - Move to find that the special permit criteria continue to be met with the proposed change. 5 ● Motion #2 - If the vote on the finding is positive by ⅔ vote, then move to amend condition #6 of the 2005 special permit to read…. ● If the vote on the finding is not a ⅔ vote, then move to deny the special permit due to the lack of a positive finding on the special permit criteria. 4. Continued Public Hearing - 18 Cedar Street - Off Street Parking Special Permit Application - Janice Brown An application for a Special Permit pursuant to Zoning Bylaw Section 210-20.4, Off-street Parking, has been submitted to the Board. A 2/3 vote is required for approval and a decision is due 90 days from the close of the public hearing. All members are eligible to vote. Project: The Applicant proposes to construct an eight-unit multi-family residential structure with 14 parking spaces, including 8 tandem spaces. The existing single-family home and other various structures on site will be demolished. Vehicle access will be from Cedar St. - the proposed curb cut on A Street has been removed from the most recent revised plan. The 0.2 acre site is located in the Downtown Business (BD) and Water Resources Protection Overlay District (WRPOD) zoning districts. Pursuant to Zoning Bylaw §210.20.4, off-street parking may be located between the principal building and streets other than Main St. within the BD District only upon the grant of a special permit from the Planning Board. The property is a corner lot and has frontage on A Street and Cedar Street. The front yard setback requirement for structures is 40 ft. and is applied to both street frontages. The application states that the parking lot cannot be proposed within the side yard due to the confined buildable area and front yard setbacks. Board of Appeals: Pursuant to Zoning Bylaw Section 210.20.3, single and multifamily residences are allowed in the BD district only upon the grant of a Special Permit from the Board of Appeals. At a public hearing on January 9, 2019, the Board of Appeals denied the requested special permit. Materials Submitted: Revised plans, including a landscape plan, were submitted to the Board this week and are enclosed with the meeting materials. The materials have been submitted to BETA for review. DPW: John Westerling, DPW Director, provided the following comment via email on 9/18/18 “My only comment is that stormwater runoff from the site cannot impact the public way” Correspondence: The meeting materials include additional public comment. Off-street Parking Regulations: Section 210.124, Off-Street parking, states the following in regard to parking lot design: Parking lots shall be designed and located to provide screening from abutting properties, buildings and streets, visual relief and sun and wind interruption within the parking area and to assure safe patterns of internal circulation. Landscaping requirements shall, whenever possible, be met by the retention of existing plants and natural landforms. 6 Section 210.20.4, Off-street parking, states the following in regard to the Board’s action: No off-street parking shall be located between the principal building and Main Street. Off-street parking may be located between the principal building and other streets only upon the grant of a special permit by the Planning Board. The Planning Board may grant the special permit only if it finds that: (1) The proposed parking will not be detrimental to the surrounding neighborhood, and (2) The proposed location and design of the parking will enhance the downtown streetscape. The term “streetscape” shall refer to all elements that constitute the physical makeup of a street, and that as a group, define its character, including building facades, frontage and placement; the paved street; street furniture; landscaping, including trees and other plantings; awnings; signs and lighting. Section 210-223, Special Permits, states that a special permit may be granted only if the special permit granting authority determines that: 1. All applicable criteria and standards set forth in the bylaw have been satisfied, and 2. Grant of the special permit will be in harmony with the general purpose and intent of the bylaw. Board Action 1. Motion to make the following findings: ● The proposed parking will not be detrimental to the surrounding neighborhood, ● The proposed location and design of the parking will enhance the downtown streetscape, ● All applicable criteria and standards set forth in the bylaw have been satisfied, and ● Grant of the special permit will be in harmony with the general purpose and intent of the bylaw. 2. Motion to grant the special permit (if the vote on the findings is positive by ⅔ vote) or motion to deny the special permit (if the vote on the findings was negative). If the applicant requests to withdraw the application, a member would move to allow the application to be withdrawn. 5. Continued Public Hearing – Whisper Way OSLPD – Definitive Subdivision Plan Application – 20th Century Homes An application for definitive subdivision approval has been submitted to the Board. A majority vote is required for approval and a decision is due by 1/24/19. Frank D’Urso is not eligible to vote on the application. No new materials have been received since the last meeting. BETA has met with the applicant’s team and additional materials are believed to be forthcoming. 7 Conservation Commission: The Applicant has filed a Notice of Intent with the Commission, the public hearing process is ongoing, with the next scheduled for January 29. Waiver Requests: Section 7.1 of the Board’s Subdivision Rules and Regulations state the following in regards to the Board’s action on subdivision waiver requests: 7.1 Waiver Compliance: In accordance with MGL Ch. 41 Sec. 81R, strict compliance with these regulations may be waived when, in the judgement of the Board, such action is in the public interest and not inconsistent with the intent of the subdivision control law or these regulations. All waiver request must be in writing, identify the regulation being considered, and be submitted to the Board at the time of plan submittal. Construction waivers may be considered by the Board after the plan is approved. The applicant has requested the following waivers from the provisions of the Subdivision Rules and Regulations: §5.4.1 N Cross Sections: The Applicant seeks a waiver from providing cross sections of each street at 50 foot intervals. §5.4.1.R Trees: The Applicant seeks a waiver from providing location, variety, and size of proposed street trees and trees to be retained within right-of-way. The application states that no trees will be able to be retained within the right of way due to its narrow width and the grading required to create the roadway. §5.4.1 Y Street Lights: The Applicant seeks a waiver from showing location of proposed street lights. The Applicant is requesting that street lights not be installed within the subdivision. §8.2.7 A Disturbance to Natural Topography: The Applicant seeks a waiver from fill of an area in excess of 8 feet in depth. Depth of fill greater than 8 feet are required for wetland crossing at station 1+50 and 30+00. § 8.2.7 B Disturbance to Natural Topography: The Applicant seeks a waiver from the construction of roads, stormwater management systems, driveways, pipes, or other infrastructure construction on land area where slopes are at a grade of 25% or more. §8.3.1 Sidewalks: The Applicant requested at the 10/1/18 meeting to waive the requirement to have a grass shoulder between the sidewalk and roadway. The Applicant has stated that the Conservation Commission requested the grass strip be eliminated in the three wetland crossing areas to reduce wetland impacts. The following waiver from a provision of the Hopkinton Zoning Bylaw (OSLPD bylaw) is requested: §210-113.C.1 Buffer minimum of 100 feet: The Applicant seeks a waiver from providing a 100’ buffer at the perimeter of the site to separate and/or screen the development from 8 abutting properties. The proposed subdivision includes a roadway within the 100’ buffer of the project site on the southeast corner in order to minimize impacts to slopes greater than 25% and to accommodate Board of Health septic system regulations. The bylaw states that the waiver may be granted upon a finding by the Board that a buffer of lesser width would be sufficient to screen and/or separate the development from adjacent property, or would allow a historic structure to be preserved. 6. Proposed Zoning Bylaw Amendments - Zoning Advisory Committee The Zoning Advisory Committee has voted to recommend several zoning bylaw amendments to the Planning Board, which are described below. The May, 2019 annual town meeting warrant is now open, and closes on February 5. If the Board decides to submit any of the proposed amendments into the warrant, then a public hearing will need to be scheduled. The end of beginning of March is a good timeframe, as it allows for the Board to respond to public comments by modifying language or withdrawing the article before the warrant is finalized. The Planning Board is required to hold a public hearing on every proposed zoning bylaw and zoning map change before it can be voted at a town meeting (MGL c.40A sec. 5). The actual language of each proposal is shown in a marked up copy of the bylaw section proposed to be modified, and included in the Board’s packet. Recommendation 1 - Temporary Banners Over Streets This proposal would remove an existing limitation on banners over public roadways. At the present time, banners may only be displayed over Main Street. The proposal would also increase the maximum number of days a banner may be displayed, from 14 days to 30 days. Finally, the proposal would increase the maximum size of banners over roadways from 75 sq. ft. to 180 sq. ft. The changes are to Article XXVII, Signs, § 210-179. The purpose of the change is to increase flexibility with respect to displaying banners over streets. Banners over public ways would remain subject to approval by the Board of Selectmen. Recommendation 2 - Commercial Solar Facility Screening The ZAC proposes to add new language to Article XXXI, Commercial Solar Photovoltaic Installations, to require an effective year round screen for solar farms. The purpose of the change is to give the Planning Board more tools to require additional screening. Recommendation 3 - Educational Uses in IA, IB and P Districts The proposal is to add language to the Industrial A, Industrial B and Professional Office districts that would allow educational uses/vocational schools by right. At the present time the uses are not listed as permitted in the districts, but educational uses are allowed in every district pursuant to MGL 40A sec. 3 (i.e. the Dover Amendment), which states in part: No zoning ordinance or by-law shall regulate or restrict the interior area of a single family residential building nor shall any such ordinance or by-law prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. 9 The ZAC felt that listing educational uses in each of these three districts would increase visibility and the potential that an educational use would locate there. Recommendation 4 - Indoor Recreation Uses in the IA and IB Districts The ZAC proposes to add indoor recreation as a use by right in the Industrial A district and change it from a use by special permit to a use by right in the Industrial B district. The zoning bylaw defines the use as: INDOOR RECREATION – A facility, within a permanent building or structure, designed and equipped for the conduct of sports, athletic and other leisure-time activities; provided that all activities are conducted entirely within the building and no noise generated within the facility may be heard at the property line. Such activities may include swimming, skating, indoor skydiving, soccer, bowling and other similar uses; but shall not include arcades and billiard halls unless accessory to another indoor recreation use. The use was defined and added to the bylaw in 2015 because of the growing popularity of some of the activities, and the desire to have more indoor recreation in Hopkinton. The proposed changes are intended to increase that likelihood, by making it by right and expanding the areas in which it can be located. Recommendation 5 - Accessory Retail to a Manufacturing Use, IA and IB Districts This proposal would allow a manufacturing use in the Industrial A and Industrial B districts to have an associated accessory retail use within the same District, with a maximum area of up to 5,000 sq. ft. It was noted that some of the manufacturing uses currently allowed involve the production of goods such as apparel, furniture, wood products, etc., and that it may be beneficial for these uses to have a small retail area where they can sell the goods in the vicinity of where they are made. The use would be allowed by right. Recommendation 6 - Restaurant Seats, IB District At the present time, restaurants in the Industrial B district are allowed by right if they have no more than 100 seats, and by special permit if there are more seats. The proposal is to remove the special permit requirement for restaurants with 100 seats or less within the IB district which are also within the Hotel Overlay District (HOD). These areas are: 1) a roughly 500 ft. wide strip of land adjacent to and parallel to Rt. 495 in the Elmwood Industrial Park area; and 2) all or a portion of lots on the west side of Lumber St. adjacent to Rt. 495, numbers 20 through 60 on the even numbered side of the street. The change is proposed to increase flexibility as it pertains to the desire to attract restaurants to the area, with the understanding that some of the IB district should remain unchanged - specifically those that are directly adjacent to residentially zoned areas. Recommendation 7 - Car Wash Facilities in the I A District The ZAC recommends that the Industrial A district be amended to allow car wash facilities that operate with sustainable and efficient use of resources, as a use by special permit. It was felt that the use is generally compatible with other uses in the area. At the present time, car wash facilities are allowed by special permit in the Business and Downtown Business districts only. Convening in Executive Session under the Open Meeting Law M.G.L. c.30A, §21(a) Procedure for Convening an Executive Session 1. The Chair posts notice of the Executive Session at least 48 hours prior to convening (excluding Saturdays, Sundays and legal holidays). Such notice must state the purpose for convening in Executive Session (see reverse side). If the Executive Session will be convened under Purpose 1, the individual in question must receive written notice 48 hours in advance of the Executive Session. If the Executive Session could not have been reasonably anticipated by the Chair at the time of the posting of the meeting, the Chair must explain the circumstances that justify convening in Executive Session without having posted its intention to convene in Executive Session. 2. The Board or Committee convenes in an open session. 3. The Chair requests a motion to enter into Executive Session. 4. A majority of members vote (by roll call recorded in the minutes) to convene in Executive Session. Records Relating to an Executive Session 1. All votes taken during an Executive Session must be recorded roll call votes and shall become a part of the record of the Executive Session. 2. The minutes of the Executive Session and records used during the Executive Session may remain secret only as long as publication would defeat the lawful purpose(s) of the Executive Session, but must thereafter become public records. 3. The Board or Committee must, at reasonable intervals, review the minutes of Executive Sessions to determine if the minutes remain exempt from disclosure, and such determination must be announced at the next meeting of the Board or Committee and recorded in the minutes of that meeting. Model Motion for Convening in Executive Session [CHAIR READS]: I request a motion that the Board vote to convene in Executive Session 1. For the purposes of [insert purpose as listed on reverse side modified to include all subjects that may be revealed without compromising the purpose of the Executive Session (for example, the motion should specifically identity of the union, the nonunion member, the litigation matter, or the property to be discussed)]; 2. [For Purposes 3, 6, and 8] because the Chair declares that having such discussion in Open Session would have a detrimental effect on [insert language from specific Purpose]; 3. To allow [name any nonmembers] to participate in the discussion; and 4. [Not to/to] convene in Open Session after the conclusion of the Executive Session.1 ____________________________ 1 Remote Participation: A member participating remotely may participate in an executive session, but shall state at the start of any such session that no other person is present and/or able to hear the discussion at the remote location, unless presence of that person is approved by a simple majority vote of the public body. 40 Grove Street, Suite 190 Wellesley, MA 02482 (617) 489 -1600 F (617) 489-1630 Purposes for Convening in Executive Session 1. To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or discuss the discipline or dismissal of, or complaints or charges against, a public officer, employee, staff member or individual.2 2. To conduct strategy sessions in preparation for negotiations with non-union personnel or to conduct collective bargaining sessions or contract negotiations with non-union personnel. 3. To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares. 4. To discuss the deployment of or strategy regarding security personnel or devices, e.g., a sting operation. 5. To investigate charges of criminal misconduct or to consider the filing of criminal complaints. 6. To consider the purchase, exchange, lease or value of real estate, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body. 7. To comply with, or act under the authority of, any general or special law or federal grant-in- aid requirements. 8. To consider or interview applicants for employment by a preliminary screening committee, if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants. This shall not apply to any meeting regarding applicants who have passed a prior preliminary screening. 9. To meet with a mediator regarding any litigation or decision; provided that (i) any decision to participate in mediation shall be made in open session and the parties disclosed and (ii) no action shall be taken with respect to the issues involved without deliberation and approval of the action at an open session. 10. To discuss trade secrets or confidential or proprietary information regarding activities by a governmental body as energy supplier, municipal aggregator or energy cooperative, if an open session will adversely affect conducting business relative to other entities making, selling or distributing energy. ____________________________ 2 If the Board wishes to convene in Executive Session for these purposes, the individual in question has the right to receive written notice 48 hours in advance of the Executive Session; to be present at the Executive Session; to have counsel or another representative present to advise the individual, though not to actively participate in the session; to speak in his/her own behalf; to make an audio recording or transcription of the Executive Session; and to require that that the discussion be held in open session. 40 Grove Street, Suite 190 Wellesley, MA 02482 (617) 489 -1600 F (617) 489-1630 STORMWATER MANAGEMENT and EARTH REMOVAL PERMIT PUBLIC HEARING OUTLINE 52&55 Wilson Street – LNG Liquefier Replacement Project Eversource For 1/14/19 Meeting 1. ✔Project introduction and review – Applicant 2. ✔Principal Planner Comments 3. ✔Consultant Review – BETA Group 4. ✔Planning Board – Add to outline 5. ✔Abutters and Public – Add to Outline 6. Detailed Discussion a) ✔Department of Public Utilities (DPU) status b) ✔Construction Sequence - ✔Hours of Operation - ✔Construction Mitigation/Methods c) ✔Truck and access routes for earth removal operations d) ✔ Waiver from Earth Removal bylaw - ✔100’ buffer strip of undisturbed land (96-3.H) 7. ✔Discuss status of other permits (Conservation Commission) 8. Discuss Stormwater Management & Earth Removal criteria and plan revisions to be made, if any. 9. Discuss conditions of approval with applicant 10. Close public hearings Vote on Stormwater Management Permit Vote on Earth Removal Permit 1 For 1/14/19 Planning Board Meeting Stormwater Management Permit Draft Conditions 52 & 55 Wilson Street - LNG Liquefier Replacement Project 1. All erosion and sediment controls shall comply with the following performance criteria: A. Minimize total area of disturbance and protect natural features and soil. B. Sequence activities to minimize simultaneous areas of disturbance. Mass clearings and grading of the entire site shall be avoided. C. Minimize peak rate of runoff in accordance with the Massachusetts Stormwater Standards. D. Minimize soil erosion and control sedimentation during construction, provided that prevention of erosion is preferred over sedimentation control. E. Divert uncontaminated water around disturbed areas. F. Maximize groundwater recharge. G. Install and maintain all Erosion and Sediment Control measures in accordance with the manufacturer’s specifications and good engineering practices. H. Prevent off-site transport of sediment. I. Protect and manage on and off-site material storage areas (overburden and stockpiles of dirt, borrow areas, or other areas used solely by the permitted project are considered a part of the project). J. Comply with applicable Federal, State and local laws and regulations including waste disposal, sanitary sewer or septic system regulations, and air quality requirements, including dust control. K. Prevent significant alteration of habitats mapped by the Massachusetts Natural Heritage & Endangered Species Program as Endangered, Threatened or Of Special Concern, Estimated Habitats of Rare Wildlife and Certified Vernal Pools, and Priority Habitats of Rare Species from the proposed activities. L. Institute interim and permanent stabilization measures, which shall be instituted on a disturbed area as soon as practicable but no more than 14 days after construction activity has temporarily or permanently ceased on that portion of the site. M. Properly manage on-site construction and waste materials. N. Prevent off-site vehicle tracking of sediments. 2 O. Dust shall be controlled at the site. P. Divert offsite runoff from highly erodible soils and steep slopes to stable areas. 2. The project shall comply with the following Erosion and Sediment Control requirements: A. Prior to any land disturbance activities commencing on the site, the developer shall physically mark limits of no land disturbance on the site with tape, signs, or orange construction fence, so that workers can see the areas to be protected. The physical markers shall remain in place until a Certificate of Completion has been issued. B. Appropriate erosion and sediment control measures shall be installed prior to soil disturbance. Measures shall be taken to control erosion within the project area. Sediment in runoff water shall be trapped and retained within the project area. Wetland areas and surface waters shall be protected from sediment. C. Sediment shall be removed once the volume reaches ¼ to ½ the height of a hay bale. Sediment shall be removed from silt fence prior to reaching the load-bearing capacity of the silt fence which may be lower than ¼ to ½ the height. D. Sediment from sediment traps or sedimentation ponds shall be removed when design capacity has been reduced by 50 percent. E. Soil stockpiles must be stabilized or covered at the end of each workday. Stockpile side slopes shall not be greater than 2:1. All stockpiles shall be surrounded by sediment controls. F. Disturbed areas remaining idle for more than 14 days shall be stabilized with seeding, wood chips, bark mulch, tarpaulins, or any other approved methods. G. For active construction areas such as borrow or stockpile areas, roadway improvements and areas within 50 feet of a building under construction, a perimeter sediment control system shall be installed and maintained to contain soil. H. A tracking pad or other approved stabilization method shall be constructed at all entrance/exit points of the site to reduce the amount of soil carried onto roadways and off the site. I. Permanent seeding shall be undertaken in the spring from March through May, and in late summer and early fall from August to October 15. During the peak summer months and in the fall after October 15, when seeding is found to be impractical, appropriate temporary stabilization shall be applied. Permanent seeding may be undertaken during the summer if plans provide for adequate mulching and watering. J. All slopes steeper than 3:1 (h:v, 33.3%), as well as perimeter dikes, sediment basins or traps, and embankments must, upon completion, be immediately stabilized with sod, seed and anchored straw mulch, or other approved stabilization measures. Areas outside of the perimeter sediment control system must not be disturbed. 3 K. Temporary sediment trapping devices must not be removed until permanent stabilization is established in all contributory drainage areas. L. All temporary erosion and sediment control measures shall be removed after final site stabilization. Disturbed soil areas resulting from the removal of temporary measures shall be permanently stabilized within 30 days of removal. 3. A minimum of seven days prior to the start of construction, a detailed construction sequence shall be submitted to the Principal Planner by the site contractor for review and approval. The approved construction sequence shall be followed throughout the course of the construction and shall be altered only with prior review by and written approval from the Principal Planner. 4. A copy of the signed Stormwater Pollution Prevention Plan shall be provided to the Board prior to construction. 5. All required SWPPP Stormwater Construction Site Inspection Reports shall be submitted to the Principal Planner within 14 days of each inspection. 6. An adequate stockpile of erosion control materials shall be on site at all times for emergency or routine replacement and shall include materials to repair or replace silt fences, hay bales, stone filters, berms or any other devices planned for use during construction. 7. The disturbed area shall be temporarily stabilized by hydroseeding if construction of the replacement LNG facility is not commenced within 30 days of lot clearing. 8. Initial excavation of the proposed stormwater infiltration basin that is to be used as a temporary sediment basin during construction shall be limited to 6 to 12 inches above finish grade and once the site is stabilized, the remaining soil and accumulated sediment shall be excavated prior to laying loam and seed. A note specifying this condition shall be provided on the final plans. 9. Construction shall not commence until all required permits and approvals have been obtained. 10. Upon permit approval, a wet weather stormwater grab sample shall be collected once per year, for three years. The stormwater grab sample shall be collected during the spring (March through June) at the piped outlet of the LNG tank impoundment of the Hopkinton LNG facility. All collected samples shall be analyzed for field parameters and laboratory analytes as required by the 2016 Massachusetts Small MS4 General Permit section 2.3.4.7.b.iii.4. and as described on the Wet Weather Outfall Inspection and Sample Collection Form that was submitted under the permit application. Following testing, a Wet Weather Outfall Inspection and Sample Collection Form shall be provided to the Planning Board and the Board of Health. For 1/14/19 Planning Board Meeting Earth Removal Permit Draft Conditions 52 & 55 Wilson Street – LNG Liquefier Replacement Project 1. The duration of the permit shall be for 24 months, which shall start on the date that earth removal activity commences. The Applicant shall notify the Planning Board and the Earth Removal Agent in writing of the commencement date, at least 48 hours in advance. 2. Earth removal activity shall occur only between the hours of 7:00 AM to 7:00 PM Monday through Friday, and 8:00 AM to 4:00 PM on Saturday. 3. The permit is not assignable. 4. The Applicant shall post a bond or make a deposit with the Town in the amount of $10,000 to guarantee conformity with the provisions or conditions of the permit. The guarantee shall be deposited with the Town prior to commencement of operations under this permit. The Town may use the bond or deposit in the event that the Applicant does not comply with all of the terms and conditions of the permit and complete all restoration in a manner satisfactory to the Board and in accordance with the permit; significant public safety hazards exist which will not be addressed by the Applicant; or material environmental damage has resulted from the earth removal activity and remediation will not be addressed by the Applicant in a manner satisfactory to the Board. a 5. The Applicant shall submit a photographic survey of Wilson Street and Legacy Farms Road North (old Rafferty Road) in the vicinity of the project prior to and upon completion of earthwork activity. The photographic survey shall clearly show the conditions of the roadways that are to be used during the project before and after earthwork activity commences. 6. In the event that any of the permit conditions are not faithfully observed and performed, the Board shall have the authority to revoke the permit at any time, in accordance with the provisions of the Earth Removal Bylaw. 7. Earth removal activities shall not commence until all required permits and approvals have been obtained. First Floor Scale: 1'-0" = 1/4" Emily - Single Family 641.124 Unit 31 (9/17/2018)DW16'-0"12'-0"10'-0"14'-6"20'-6"20'-6" 5'-0" 65'-6"3'-0"24'-0"19'-6"46'-6"Great Room 16'-2" x 18'-4"Sunroom 9'-6" x 14'-0" G as FP 1651 sq ft Sq Ft Gross Living Area this Floor: Island Ldry 7'-8" x 6'-10" Up Dn Porch Entry 9'-2" x 7'-10" Deck Master Bdrm 12'-7" x 18'-2" Master Clos 4'-6" x 13'-4" Kitchen/Dine 26'-7" x 19'-0" Garage Ptry LinArt Form Architecture, Inc.Art Form Architecture, Inc.© 2018 Art Form Architecture, Inc., all rights reserved . You may not build this design without purchasing a license, even if you make changes. This design may have geographic restrictions. 9/17/2018603-431-9559 Emily - Single Family 641.124 Unit 31 (9/17/2018) Second Floor Scale: 1'-0" = 1/4" 769 sq ft Sq Ft Gross Living Area this Floor Dn Bedroom 17'-1" x 12'-0" 216 sq ft Attic Attic Attic Storage 381 sq ft Lin Loft 16'-5" x 11'-7" 212 sq ft Bath 7'-1" x 13'-5" 88 sq ft Hall 88 sq ft Line of walls below Art Form Architecture, Inc.Art Form Architecture, Inc.© 2018 Art Form Architecture, Inc., all rights reserved . You may not build this design without purchasing a license, even if you make changes. This design may have geographic restrictions. 9/17/2018603-431-9559 Emily - Single Family 641.124 Unit 31 (9/17/2018) Art Form Architecture, Inc.Art Form Architecture, Inc. © 2010-2018 Art Form Architecture, Inc. Emily - Single Family © 2018 Art Form Architecture, Inc., all rights reserved . You may not build this design without purchasing a license, even if you make changes. This design may have geographic restrictions. 9/17/2018603-431-9559 Emily - Single Family 641.124 Unit 31 (9/17/2018) Front Elevation Scale: 1'-0" = 1/4" Art Form Architecture, Inc.Art Form Architecture, Inc.© 2018 Art Form Architecture, Inc., all rights reserved . You may not build this design without purchasing a license, even if you make changes. This design may have geographic restrictions. 9/17/2018603-431-9559 Emily - Single Family 641.124 Unit 31 (9/17/2018) Right Elevation Scale: 1'-0" = 1/4" Art Form Architecture, Inc.Art Form Architecture, Inc.© 2018 Art Form Architecture, Inc., all rights reserved . You may not build this design without purchasing a license, even if you make changes. This design may have geographic restrictions. 9/17/2018603-431-9559 Emily - Single Family 641.124 Unit 31 (9/17/2018) Rear Elevation Scale: 1'-0" = 1/4" Art Form Architecture, Inc.Art Form Architecture, Inc.© 2018 Art Form Architecture, Inc., all rights reserved . You may not build this design without purchasing a license, even if you make changes. This design may have geographic restrictions. 9/17/2018603-431-9559 Emily - Single Family 641.124 Unit 31 (9/17/2018) Left Elevation Scale: 1'-0" = 1/4" Art Form Architecture, Inc.Art Form Architecture, Inc.© 2018 Art Form Architecture, Inc., all rights reserved . You may not build this design without purchasing a license, even if you make changes. This design may have geographic restrictions. 9/17/2018603-431-9559 PUBLIC HEARING OUTLINE 18 Cedar Street – Off-street Parking Special Permit Meeting Dates: 12/3, 1/14 1) ✔ Project introduction and review – Applicant 2) ✔ Principal Planner Comments 3) Consultant Review – BETA Group 4) ✔Planning Board members and Public – Add to outline 5) Detailed Discussion a) Site and parking lot layout design i) Safety of internal circulation ii) Fire and public safety access iii) Number of parking spaces iv) Overflow parking v) Pedestrian safety (1) Sidewalks vi) Traffic on A Street b) Site and parking lot details i) Landscaping, screening, and buffering ii) Handicapped accessibility iii) Snow storage iv) Stormwater management (1) Curbing v) Dumpsters vi) Historic characteristics of the neighborhood vii) Solar panels c) Waiver requests d) How development is working to accomplish Master Plan goals 6) Discuss status of other Board approvals (Board of Appeals) 7) Discuss Special Permit standards and plan revisions to be made 8) Discuss conditions of approval with applicant 9) Public Comment 10) Vote on Special Permit approval and conditions 11) Close Public Hearing BETA GROUP, INC. 315 Norwood Park South, 2nd Floor, Norwood, MA 02062 P:781.255.1982 | F:781.255.1974 | W:www.BETA-Inc.com December 26, 2018 Ms. Georgia Wilson, Principal Planner Department of Land Use, Planning, and Permitting Town Hall 18 Main Street, 3rd Floor Hopkinton, MA 01748 Re: 18 Cedar Street – Special Permit - Peer Review Dear Ms. Wilson: BETA Group, Inc. reviewed the Application for Special Permit for 18 Cedar Street, multi-family residence, in accordance with BETA’s agreement with the Town dated August 31, 2016. This letter is provided to outline BETA’s findings, comments and recommendations of submitted documents. BASIS OF REVIEW BETA received the following items: •Application for Special Permit dated September 10, 2018 including the following attachments: o GIS Map o Plot Plan of Land o Context Plan •Plans (3 sheets) entitled 18 Cedar Street Hopkinton Massachusetts, dated July 12, 2018, prepared by Gala Simon Associates Inc., Lexington, MA •Architectural Plans and Elevations (4 sheets) entitled 18 Cedar Street Hopkinton Massachusetts, dated June 28, 2018, prepared by Oldenburg Architecture, Lexington, MA •Plan (1 sheet) entitled Planting Plan, dated November 30, 2018, prepared by Creative Environments Landscape Co., Inc., Concord, MA •Supplemental Documents dated November 27, 2018 including the following attachments: o GIS Map o Plot Plan of Land o Context Plan •Plans (3 sheets) entitled 18 Cedar Street Hopkinton Massachusetts, revised to November 12, 2018, prepared by Gala Simon Associates Inc., Lexington, MA •Architectural Plans, Elevations and Renderings (8 sheets) entitled 18 Cedar Street Hopkinton Massachusetts, dated November 25, 2018, prepared by Oldenburg Architecture PROJECT DESCRIPTION The project site includes the redevelopment of one parcel at the corner of Cedar Street and A Street. The site is located within the Downtown Business (BD) Zoning District and within the Water Resources Protection Overlay District (WRPOD-1). The proposed residential use is permitted within the district if compliance with the dimensional requirements of the Residence A (RA) District is met. The project requires special permit for off-street parking located between the principal building and other streets (§210-20.4.A). The existing property at 18 Cedar Street includes a single family residence and a detached shed. Existing site access is provided via one curb cut off Cedar Street. The proposed project intends to raze all existing structures and construct a new eight-unit multi-family residence, walkways and parking area. The new parking lot includes thirteen parking spaces and a new curb cut on A Street. The existing curb cut on Cedar Street is to be removed/replaced. Ms. Georgia Wilson, Principal Planner December 26, 2018 Page 2 of 3 REQUESTED WAIVERS REVIEW The Applicant is not seeking any waivers from the applicable bylaws. ZONING/REGULATIONS REVIEW Article VIA Downtown Business (BD) District The proposed project plan lot complies with area, lot coverage, frontage, and yard setbacks of the Downtown Business (BD) District given that the existing lot is considered as a corner lot with no rear yard. The proposed use, multi-family residence, is allowed upon granting of a Special Permit by the Board of Appeals with compliance of the dimensional requirements of Article II Residence A (RA) District. The proposed project complies with all dimensional requirements of RA Districts. Proposed parking as shown on plans will require the following in accordance with §210-20.4.A: Off-street parking may be located between the principal building and other streets only upon the grant of a special permit by the Planning Board. The Planning Board may grant the special permit only if it finds that: (1)The proposed parking will not be detrimental to the surrounding neighborhood, and (2)The proposed location and design of the parking will enhance the downtown streetscape. Article XII Water Resources Protection Overlay District The project is located within the Water Resources Protection Overlay District and requires approval for any use that renders impervious more than 15% or 2,500 square feet of any lot, whichever is greater. The project plans include a proposed subsurface drainage system; however, a Stormwater Management Report was not submitted to-date and was not reviewed at this time. Article XVIII Supplementary Regulations - §210-124 Off-street parking The proposed project requires eight parking spaces (one per bedroom). The submitted plans include 13 spaces; however four of the spaces are overflow tandem spaces. The overflow spaces would not likely be shared with all units and would require visitors for at least three of the units to park on-street. Dimensions of the proposed parking spaces meet minimum requirements. S1.Provide an explanation for the proposed parking assignments, including the overflow parking. S2.Provide a 24 foot wide maneuvering aisle or request a waiver (§210-124.B(3)). S3.Provide a turning plan for emergency vehicles to enter the parking lot to access the building and/or provide documentation from the Fire Department that confirms the emergency access provided is acceptable. S4.Parking areas may feel constrained by proximity to walls, snow storage, landscaping, and overflow spaces. Consider alternative layouts to provide additional parking and to eliminate the need to back onto the existing street. S5.Provide provisions for access to proposed dumpster. Ms. Georgia Wilson, Principal Planner December 26, 2018 Page 3 of 3 LANDSCAPING AND SCREENING REVIEW Proposed landscaping includes a variety of evergreen and deciduous trees and shrubs as well as perennials and grasses. Plant species are appropriate for region and site conditions. No information has been provided for lawn or native seed mixes. L1.Show existing fences along eastern and northern property lines on all plans. L2.Provide sections between the proposed building and the abutting properties along the northern and eastern property lines to clarify the design intent. The sections should show the relationship between the existing and proposed elevations, plantings, walls and fences. Coordinate and update the Planting Plan and / or Site Plan as necessary for consistency. L3.Verify sight distances with proposed evergreen plantings at the corner of Cedar Street and A Street. Recommend a condition that requires maintaining landscaping to provide adequate site distance at intersection and driveway. L4.Recommend additional plantings on the north side of the proposed parking lot to screen the adjacent residential property from the trash enclosure. L5.Coordinate the proposed snow storage areas between plans. Area shown on the architectural plan conflicts with plantings shown on the Planting Plan. L6.Existing trees along northern property line may be impacted by development including trees on abutting property. Indicate the proposed disposition of these trees on the plans and include any trees to remain on the Planting Plan. L7.Include proposed spacing on the plant schedule. L8.Show and label all proposed fences, existing fences to remain, walls and steps on the Planting Plan. L9.Provide planting details for trees, shrubs, and perennials. Also include detail for tree protection if necessary. If we can be of any further assistance regarding this matter, please contact us at our office. Very truly yours, BETA Group, Inc. Jillian Bokoff, RLA Philip F Paradis, Jr., PE Staff Engineer Associate \\Betama1\projects\6200s\6234 - Hopkinton - 18 Cedar St\Engineering\Reports\2018-12-26 - 18 Cedar St Peer Review.docx 1 Hopkinton Historical Commission Meeting Minutes December 27, 2017 Senior Center, 28 Mayhew St., Hopkinton MA 7:00 pm Members Present: Nancy Stevenson, Mike Roughan, Eric Sonnet, Ron Yankee Members Absent: Austin Spang, Nanda Barker-Hook, John Pavlov Alternate Member Present: Beth Watson Alternate Member Absent: Christine Remby Also attending: Scott Iawno/ 2 A Street, Doug Sulser/ 14 Cedar Street, Ken Brown/ 18 Jamie Lane, Janice Brown/ 18 Hazel Street/ Cambridge, Alice Carroll/ 3 A Street 18 CEDAR STREET PUBLIC HEARING Concerns from abutters. Mike explained the demo delay process. Ron: I have a comment about what is planned there. This old house has character. What is proposed here is something that doesn’t have much character in reference to the town. The house across the street is not very interesting. Something that would replace it in a similar format would be preferable. Mike: Part of the reason for the demo delay would be to give the applicant time to reconsider and come up with an alternative solution. Janice Brown: Are you looking at this fitting in with A Street or C Street? Mike: There are several Victorian farmhouses in this area and I would like to see the style maintained. We have a relief clause that possibly could allow the owner to keep this and build another house on this property. Eric: You are looking at the market affordability. There are reasons that the town made that area “business,” property owners don’t have kids in school... this house would be a challenge to restore. Mike: I would be interested to know what the original structure looked like. To me it looks like it looked like the other mill houses down the street. The applicant has a lot of work to do to determine what is allowable. Do we allow them to demolish the property before they go through the processes that they will need to go through? Janice Brown: Some old houses have a good foundation. But I am concerned about the foundation. Mike: From my perspective, I might strip it down and then come to us with plans to add to it. We have worked with property owners before. Janice Brown: I would like the name of an architect. Ken Brown: Is there a formula to the percentage of the house that is preserved? Janice Brown: What if I created a compound with 3 little houses? Nancy: How big is the lot? Ken Brown: Lot is 100 x 100 Ron motioned to close the Public Hearing. Nancy seconded. Unanimous approval. Public Hearing closed at 7:40 pm. DEMO DELAY 18 CEDAR STREET Eric: If we institute a six month delay, what happens after the 6 months? Mike: We then have no control. What we have done in the past is the applicant came back to us with ideas during the 6 mos. time frame, where we try to work something out. After general discussion, Mike motioned to institute a demo delay. Ron seconded. Unanimous approval. 2 30 GROVE STREET Demo application. Beth thought they were redoing the upstairs and expanding. Mike showed us the plans for the house. Should we accept the addition of a second story? Eric motioned. Beth seconded Unanimous HISTORIC DISTRICT EXPANSION Beth: Do the people possibly to be in the district need to know that we are doing this study? Mike we need somehow to announce it. Nancy: This study is not about what properties we want to add to the Historic District. This is to add more properties to Gretchen Schuyler’s original list of historic properties in town. I think we should not mention this at all until we are ready to approach the homeowners in a positive way about the expansion. Mike: The properties at risk are primarily in the down town area so we chose the properties to research for the historic properties book based on that. This will also be able to be used as the first step in the (hopefully) historic district expansion later on. Eric: We need to be VERY careful about how we get this information out for each of these projects. STONE BRIDGE est 80k Bids 130k-300k. Can we talk with bidders to find out why so high? CPC Has approved funds up to15k for window and sill repair. Not going to meet again until town meeting. Contact Dave Daltorio to get inside. Beth motioned to close the meeting. Mike seconded. Unanimous approval. 8:30 Documents used at the meeting: Demolition permit application and supporting documents – 18 Cedar St. To: Hopkinton Zoning Board of Appeals Hopkinton Planning Board From: Alice J. Carroll 3 A Street, Hopkinton, Mass., 01748 Re: Proposed Development 18 Cedar Street, Hopkinton I am writing to you as an immediate abutter of the proposed 8 unit apartment building project planned for 18 Cedar Street. My intent is to add additional comments related to the project based on newly formed plans by the developer and to also reiterate previously expressed concerns submitted in writing and in person by me and others at both the Appeals Board and Planning Board meetings. Your consideration of my concerns would be greatly appreciated. And, I would ask you to consider each on its own merit, but also as a homeowner who, if finding yourself in my position might share some of the same concerns. 1. Newly added 4 space tandem parking area accessed by A Street which would have immediate impact on; The driveway of 2 A Street and that residents’ ability to pull in and out of their driveway. The ability of family and friends of 2 A Street to park in front of the house without risk of tandem parkers backing in and out and hitting them or causing unsafe congestion at the end of an already narrow A Street. Noise and increased traffic activity due to this parking arrangement. (Cars pulling in and out, doors slamming, idling engines, conversation at all hours since tenants of this building would have to rearrange cars to accommodate work schedules, etc…) Second floor bedroom at 3 A Street sits just 10 feet away and ‘kitty-corner’ to this 4 space area and 3 A Street first floor office would overlook it. The bedrooms at 2 A Street also overlook this parking area. The noise and traffic would have a measureable negative impact on this abutter and the neighborhood as a whole. The potential for damage to the stone wall at the front and side of 3 A Street that could be struck by cars backing out. Question: Why all parking on this proposed site could not be moved to the Cedar Street side of the building? A strip of ‘green space’ to, according to the developer “preserve the rural character of Cedar Street” while at the same time sacrificing the peaceful enjoyment of our homes on A Street seems an obviously unfair argument. And the negative neighborhood impact, according to Zoning Bylaws: Chapter210-20.4 ‘Off Street Parking’ would be detrimental to the surrounding neighborhood. 2. Outside Lighting: All abutters have expressed concern re: impact of outside lighting (lit parking lot(s), walkways, stairs, proposed ‘courtyard areas’, etc..) A and B Streets are quiet neighborhood streets that enjoy a country atmosphere. None of us signed up to be next door to a brightly lit, oversized apartment building. 3. HVACS: According to the current plan, the property would have a number of HVACs around the perimeter. These are noisy, often run intermittently and would have a detrimental impact on the surrounding neighborhood. The ability to relax on our decks or in our yards on a summer evening would be challenging, let alone sleeping at night with this intrusive noise. And it is more than likely that in addition to A Street, the residents of Cedar Street, B Street and probably C Street would also be affected. 4. Overflow Parking and Increased traffic on A Street (and possibly B Street). The developer can only account for 13 parking spaces, no matter where they locate them. This leaves at least 3 additional spaces that would be needed by tenants of this building for roommates, family, friends, gatherings, etc… The Planning Board made the wise decision to do a walk-through on A Street. Hopefully, they saw the narrowness of the street, the location of the hydrant and the driveways and formed the most obvious conclusion that adding 3+ more vehicles to park on this street is not only a safety concern but an interference with the residents’ peaceful use of their neighborhood. I would respectfully suggest that members of the Appeals Board take the same walk. 5. Trash Storage and Removal Ms. Brown stated at the last Planning Board Meeting that she intended to ‘store trash in the basement’ and have weekly trash removal, although the expression of that plan seemed somewhat lacking in detail. This is of great concern. As an immediate abutter I would appreciate a definitive explanation of how this is going to be achieved and what safeguards for health and environmental concerns will be instituted. And will there be the weekly or biweekly beep-beep-beep of dumpster removal trucks if dumpsters are used? And, if used, where will they be located? (As an aside, ongoing, it has seemed like ‘along my fence’ is a popular solution to parking and the dumping of snow. Is this also the plan for potential dumpsters??) The abutters at 4 and 6 B Streets might also have concerns re: that.) 6. Oversized Structure The proposed building, itself, does not fit in with the A Street neighborhood. And although the front door of the building will be on Cedar Street, 80% of the property and its impact will be seen and felt by A Street. I was told by the architect at the walk-through when I inquired about an orange spray paint spot on the grass he told me it marked the corner of the building. Myself, and others around me were shocked at this. This ‘spot’, although I didn’t measure it, seemed approx. 10 ft. (or less) from my fence. This building will obstruct my house and tower over it. My deck sits immediately on the other side of the fence. What happens to my view and my privacy, my quality of life and resale value of my house? 7. The architect renditions submitted to the Boards DO NOT include any depiction of the location of abutters and proximity to the proposed structure and its outside areas. They are drawn as if we weren’t there. 8. Benefit to Business District or lack thereof: It was enthusiastically emphasized by the Chair of the Planning Board and the Director of the Chamber of Commerce at the last Planning Board meeting that this project would ‘revitalize the downtown area.” (or words to that effect). I and my neighbors are hard pressed to reconcile that with reality. Question: How are 8 units of affordable housing that generate no tax revenue (except for the owner’s tax burden), which will put a further drain on town resources (water, sewer, fire & police, schools, increased traffic) going to be a boon for downtown Hopkinton? It should be noted that common sense dictates that 600 square feet of living space per unit is a recipe for frequent turnover and problems, not longevity and bonding with the downtown area. 9. Management of Property: Will there be on-site management including building and grounds maintenance and tenant issues? 10. Other major concerns: Fire safety –ability of fire trucks to enter A Street and access fire hydrant between 3 and 5 A Street Winter parking Snow removal Landscaping Privacy screening and buffering for abutters (TREES!) As taxpayers and long-term residents, we strongly urge you to consider our real-life concerns and deny approval for this vastly over-reaching project. Thank you. To the members of the Appeals Board and Planning Board regarding the proposed development of 18 Cedar Street in Hopkinton, I want to express my concerns, along with others within the neighborhood, on the proposed apartment building to be built at 18 Cedar St. While I have numerous concerns about this project I would like to highlight three that are at the top of my mind. Even with the recent update to add one more whole parking spot, I am still very concerned about the parking situation at this property. Even with 14 spots, many of the spots require double parking and will lead to an increase in activity within the property as cars need to be constantly moved, and now that the only entrance is on Cedar St, the increase in movement of vehicles in and out will only make traffic in this area worse. I also think it is hard to not assume that parking will spill over onto A St and accompanying streets when tenants have guests, or to make coming and going from the property easier, which is unacceptable. Along the lines of parking, with the increased amount of spaces, lighting may be an issue. During the walkthrough with the Planning Board it was asked if lighting would be put up outside of the house for parking purposes, but no good answer was provided. If lights are added to the outside of the home, it will certainly disrupt the privacy of all surrounding properties. Also, I asked this question to a member of the Planning Board during the walkthrough, but they were unsure of the answer at the time. The updated plans shown at the walkthrough and distributed on January 7th, have the edge of the home coming very close if not exactly 10ft from the abutting A and B Street properties. It appears there will be several HVAC units on the back of the home right next to these properties. Not only will these units cause much noise and distraction, but per the plans it is difficult to determine if these units will remain 10ft from the surround property. If these HVAC units are considered part of the proposed property, then would it still meet all zoning and code requirements? But to stress again, as these would be directly up against surrounding properties, specifically yard space, it will significantly impact privacy and quality of life of surrounding property owners. Lastly, I believe that a push for small affordable apartments is not what this area needs and will do nothing to revitalize the downtown corridor. During the Planning Board walkthrough Ms. Brown commented on all the other new developments going up within Hopkinton and how she is shocked at the rental prices of apartments in town, specifically about the development off Lumber Street. She appeared dumbfounded when referring to the price of a one-bedroom unit being upwards, if not over $2,000 per month. However, when asked how much she would charge for rent on her proposed units, she has stated they will be offered at the “market rate”. I think that “market rate” and “affordable housing” do not equate, and find this, as well as other statements made during the planning process of this property to be a very misleading. I thank the boards for considerations of these comments, Dominic Viadero 6 B St, Hopkinton A S T R E E TC E D A R S T R E E T UPDNDNLawnSloped W a l k w a y HVACHVAC12PatioTRASH ENCLOSURE487HVACPatioPlanting Area Planting Area 5% Sloped Walkway Planting Area Planting A r e aHVACHVACPlanting AreaPlanting Area Planting AreaWalkwa y 10'-078"10'-312"10'-25 8" 10'-53 4" 12'-03 4"499.59568A7A99A9'-0" 9'-0" 8'-0"CompactCompactCompactCompact8'-0" 5'-0" Snow St o r a g e / L a w n o r g r o u n d c o v e r 1'-0" Dumpster Access 32'-0"36'-0"18'-158"18'-0"324'-034"9'-0"9'-0"9'-0" 18'-0"1010APlanting Area26'-0"18'-0"9'-0"9'-0"5'-0"3'-0"18'-0"5'-0"17'-314"14'-514"498.09499.785'-0"5'-0"5'-0"Lawn499.42499.36499.80499.55498.30499.80499.80499.76499.76499.80499.78499.61499.61499.78501.20502.00499.76499.76499.42499.30496.60F.F.E.9'-0"498.59498.803'-0"4'-1034"Curb Curb Ret. WallCurb Curb Curb Ret. WallFENCE ON RETAINING WALL498.13Snow Storage / Lawn or groundcover499.45499.45499.80499.80501.53501.11502.83500.33500.83502.00502.50502.83499.00500.00501.00New fenc e t o r e p l a c e e x i s t i n g CurbRet. Wall495.00496.00497.00498.00496.00497.00497.50498.50498.50EXISTING FENCETO BE REMOVED498.0010'-5" 11'-1"501.60499.97A-1022A-1021EXISTING DWELLING TO BE RAZEDEXISTING SHED TO BE RAZEDEXISTING PAVING TO BE REMOVEDEXISTING CONTOURLINE, TYP.5'-0"Ret. WallRet. Wall10'-438"Walkway 12'-534"9'-9"3'-0"4'-0"2'-9"8'-8"Lawn1/8" = 1'-0"A-101781-862-2275Carl C. Oldenburg AIA Lexington, MA 024201666 Massachusetts AvenueArchitectSuite 11SITE PLANABBREVIATIONS@ABV. ALT.A.B. ADJ. A.F.F. APPROX. BB BEAR'G BETW'N BIT.BM.BOTT. BLOCK'G B.O. C.B.C.J.C.L.C.T.BLDG. BD. BBH CAB'TDP. DR. EA.CMU COL. CPT. DIA. CONC. COND. CONT.CONTR. DIM. DISP. D.J.DNSPT. D/WDWG.E.B.U.CER.CLG. CLO. C.A.R.CLR. HT.HWHP.LAMPLYWD.PORT.PLAS.M.D.O.N.I.C.P.J.F.MAS.MIN. NOM. MAX.MECH. MISC. N.T.S. O.C.PKT.INT.INSUL.J.H.LAV.LOC'NE.H.G.C.GFIGWBF.E.C.HD.GR.EXIST.EXP.FTG.FLUOR.FT.G.B.FIN.FLR.F.G.FAM.EQ.EL.ELEC.E.W.S.V.T.P.V.I.F.V.T.R.W.C.U/SU.P.V.C.T.W.W.M. U.O.N.VAN.W/TYP.WD. T.O.W.T.O.S.TEMP.TST.O.C.T.O.PL.TPHT & BSYPSW.TBT.O.TLT.SPRNKLR. STD. SHWR. S'FLR. S.F. R.W.L. S & R S.D.SH. STL. SQ. SHT. SIM. Q.T. REF. REQ'D RESIL. P.T.PTD. RM. RAD. F.E.@ AtAboveAlternateAnchor BoltADJ. AdjustableAbove Finish FloorApproximateBaseboardBearingBetweenBeamBottomBlockingBy OthersCatch BasinControl JointC.L. CenterlineCeramic TileBuildingBoardBaseboard HeaterCabinetDeepDoorEachConcrete Masonry UnitColumnCarpetDiameterConcreteConductorContinuousContractorDimensionDisposalDouble JoistDownspoutDishwasherDrawingEmergency Battery UnitCeramicCeilingClosetCold Air ReturnClearHeightHot Water HeaterPlastic LaminatePlywoodPortablePlasticMedium Density OverlayNot in ContractPre-molded joint fillerMasonryMinimumNominalMaximumMechanicalMiscellaneousNot to ScaleOn CenterPocketInteriorInsulationJoist HangerLavatoryLocationEmergency (Light) HeadGeneral ContractorGround fault interruptGypsum WallboardFire Extinguisher CabinetHeadGradeExistingExposedFootingFluorescentFoot or FeetGlass BlockFinishFloorFixed GlassFamilyEqualElevationElectric(al)Each WaySheet VinylTelephone pole (utility pole)Verify in FieldVent to RoofWater ClosetUndersideUtility PoleVinyl Composition TileWelded Wire MeshUnless Otherwise NotedVanityWithTypicalWoodTop of WallTop of SteelTemporaryTube SteelTop of ConcreteTop of PlateToilet Paper HolderTop and BottomSouthern Yellow PineSwitchTowel BarTop ofToiletSprinklerStandardShowerSubfloorSquare FeetRain Water LeaderShelf and RodSmoke DetectorShelf or ShelvesSteelSquareSheetSimilarQuarry TileReferenceRequiredResilientPressure TreatedPaintedRoomRadiusFire ExtinguisherBituminousVeneer PlasterV.P.D.S.DownspoutOLDENBURGARCHITECTURE11/8" = 1'-0"SITE PLAN180118 CEDAR STREETHopkinton, Massachusetts1/3/2019REF. NORTHPROGRESSPROGRESS DRAWING -- NOT FOR CONSTRUCTIONLIST OF DRAWINGSA-101SITE PLANA-102SITE SECTIONSA-103FIRST FLOOR PLANA-104SECOND FLOOR PLAN AND BASEMENT PLANA-201ELEVATIONS1/2/2019 10:10:19 PM ATTICSECOND FLOORFIRST FLOORBASEMENTCEDAR STREETWEST PROPERTY LINEEASTPROPERTYLINEFENCEENTRYEXISTING GRADE (APPROX.)ATTICSECOND FLOORFIRST FLOORBASEMENTA STREETSOUTH PROPERTY LINENORTHPROPERTY LINEFENCERETAINING WALLLAWNPATIOFENCEPARKING AREA (SPACES 7-10)2'-0" 2'-6"RETAINING WALLROOF RIDGEEXISTING GRADE (APPROX.)3/16" = 1'-0"A-102781-862-2275Carl C. Oldenburg AIA Lexington, MA 024201666 Massachusetts AvenueArchitectSuite 11SITE SECTIONSOLDENBURGARCHITECTURE180118 CEDAR STREETHopkinton, Massachusetts1/3/2019REF. NORTHPROGRESSPROGRESS DRAWING -- NOT FOR CONSTRUCTION13/16" = 1'-0"SITE SECTION LOOKING NORTH23/16" = 1'-0"SITE SECTION LOOKING EAST1/2/2019 10:10:22 PM BedroomBathClo.KitchenLiving / DiningClo.BedroomBathClo.Living / DiningClo.BedroomBathClo.Living / DiningClo.BedroomBathClo.Living / DiningClo.UPDNKitchenKitchenKitchenUPDNCommon AreaHVACHVACHVACHVACPrivate Outdoor SpaceWalkwa y Planting Area Planting A r e aHVACPlanting AreaSloped Walkway DNPrivate Outdoor SpacePatioPatioEntryMAILBOXESDNPlanting Area 1/4" = 1'-0"A-103781-862-2275Carl C. Oldenburg AIA Lexington, MA 024201666 Massachusetts AvenueArchitectSuite 11FIRST FLOOR PLANOLDENBURGARCHITECTURE180118 CEDAR STREETHopkinton, Massachusetts1/3/2019REF. NORTHPROGRESSPROGRESS DRAWING -- NOT FOR CONSTRUCTION11/4" = 1'-0"FIRST FLOOR PLAN1/2/2019 10:10:23 PM UPUPBedroomBathClo.KitchenLiving / DiningClo.BedroomBathClo.Living / DiningClo.BedroomBathClo.Living / DiningClo.BedroomBathClo.Living / DiningClo.UPDNKitchenKitchenKitchenDNCommon Area1/4" = 1'-0"A-104781-862-2275Carl C. Oldenburg AIA Lexington, MA 024201666 Massachusetts AvenueArchitectSuite 11SECOND FLOOR PLAN ANDBASEMENT PLANOLDENBURGARCHITECTURE180118 CEDAR STREETHopkinton, Massachusetts1/3/2019REF. NORTHPROGRESSPROGRESS DRAWING -- NOT FOR CONSTRUCTION21/4" = 1'-0"BASEMENT PLAN11/4" = 1'-0"SECOND FLOOR PLAN1/2/2019 10:10:26 PM 33'-85 8" 30'-1" 33'-85 8"AS NOTEDA-201781-862-2275Carl C. Oldenburg AIA Lexington, MA 024201666 Massachusetts AvenueArchitectSuite 11ELEVATIONS13/16" = 1'-0"FRONT (WEST) ELEVATIONOLDENBURGARCHITECTURE180118 CEDAR STREETHopkinton, Massachusetts1/3/2019REF. NORTHPROGRESSPROGRESS DRAWING -- NOT FOR CONSTRUCTION23/16" = 1'-0"LEFT (NORTH) ELEVATION13/16" = 1'-0"RIGHT (SOUTH) ELEVATION23/16" = 1'-0"REAR (EAST) ELEVATION1/2/2019 10:10:29 PM Civil Engineers HOPKINTON, MASSACHUSETTS 18 CEDAR STREET Associates Inc. Gala Simon 394 LOWELL STREET, SUITE 18 LEXINGTON, MA 02420 Tel: (781) 676-2962 DRAINAGE/GRADING PLANSCALE: 1" = 10'EXISTING CONDITIONSLEGENDSCALE: NTSEROSION CONTROL 3C-0BY THE DESIGN ENGINEER. DRAWINGS AND AS DIRECTED BY THE ENGINEER.PRESERVE THEIR EXISTING CHARACTER.PRIOR TO CONSTRUCTION.4. INSTALL TEMPORARY EROSION CONTROL MEASURES PRIOR TO CONSTRUCTION FOR APPROVAL 5. PROVIDE SMOOTH TRANSITION AT CHANGES IN GRADE EXCEPT AS INDICATED ON THE6. THE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITIES PRIOR TOTHE COMMENCEMENT OF CONSTRUCTION. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALLBY THE CONTRACT OPERATIONS. THE CONTRACTOR SHALL KEEP OUT OF THESE AREAS AND3. ALL AREAS OUTSIDE OF THE LIMIT OF WORK LINES SHALL NOT BE DISTURBED IN ANY MANNER REPORT ALL DISCREPANCIES TO THE ENGINEER IMMEDIATELY FOR A DECISION 2. THE CONTRACTOR SHALL VERIFY ALL EXISTING INFORMATION ON THE GROUND AND SHALL7. ALL ELEVATIONS ARE REFERENCED TO AN ASSUMED DATUM. CONTACT WITH ALL UTILITY COMPANIES INVOLVED. CALL DIG-SAFE 888-344-7233 UNDERGROUND UTILITY LINES; ACTIVE OR NOT, AND SHALL MAINTAIN A CLOSE AND CONSTANT AT THE FEDERAL, STATE AND LOCAL AGENCIES.8. CONTRACTOR SHALL COMPLY WITH ALL REQUIREMENTS, PERMITTING, AND LICENSES ISSUED OF HOPKINTON OFFICIALS.9. CONTRACTOR SHALL COORDINATE ALL SITE UTILITY IMPROVEMENTS WITH THE TOWNGENERAL NOTES10. ENGINEER IS TO BE CONTACTED BY CONTRACTOR TO PERFORM AS BUILT MEASUREMENTS.1. EXISTING CONDITIONS SURVEY INFORMATION OBTAINED FROM J.D. MARQUEDANT & ASSOCIATES INC.,ANY UTILITY SHALL BE REPAIRED BY THE CONTRACTOR AT NO ADDITIONAL COST TO OWNER.BETWEEN ALL TRADES PRIOR TO COMMENCING NEW CONSTRUCTION.CONTACT THE PROPER AUTHORITIES IN WRITING TO CONFIRM THE LOCATIONS OF ALL EXISTING2. LOCATION OF EXISTING UTILITIES SHOWN ARE DIAGRAMMATIC ONLY. CONTRACTOR SHALL 1. CONSULT ALL DRAWINGS AND SPECIFICATIONS FOR COORDINATION REQUIREMENTSUTILITIES BEFORE COMMENCING WORK. ANY DAMAGE INCURRED DURING CONSTRUCTION TO LAYOUT & GRADING NOTES3. CONTRACTOR TO REFER TO A SURVEYOR PLOT PLAN FOR ACCURATE OFFSETS TO TO PROPERTY LINE. OWNER/CLIENT ASSUMES ALL RESPONSIBILITY FOR SOURCES AND AUTHORIZATION TO USE ELECTRONIC AND RECORD FILES.11. OWNER/DEVELOPER IS TO COMPLY WITH ALL OF MASSACHUSETTS DEP SITEDEVELOPMENT REGULATIONS.UTILITY NOTESHOPKINTON, MA. AND RECORD PLANS.DRAINAGE NOTES1. CONTRACTOR IS RESPONSIBLE FOR THE VERTICAL ANDHORIZONTAL CONTROLS OF THE PROJECT.2. INSTALLATION OF THE SUBSURFACE CHAMBERS IS TO BEPERFORMED ACCORDING TO RECOMMENDATIONS FROM THE MANUFACTURER.3. THE MINIMUM CLEARANCE FROM THE BOTTOM OF THESUBSURFACE DRAINAGE SYSTEM TO REFUSAL OR THAT THIS CLEARANCE CANNOT BE MAINTAINED,4. ALL DRAINAGE PIPING IS SDR35 PVC.5. SYSTEM WILL REQUIRE PERIODIC INSPECTION.ENGINEER IS TO BE NOTIFIED.GROUNDWATER IS 24 INCHES. IN THE EVENTCONTRACTOR IS TO CONTACT ENGINEER FOR AS-BUILTMEASUREMENTS PRIOR TO BACK FILLING DRAINAGE SYSTEMS.AS BUILT NOTEGala Simon AssociatesSCALE: NTSSILT SACK2C-0THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING ANDDETERMINING THE LOCATION, SIZE AND ELEVATION OF ALLEXISTING UTILITIES, SHOWN OR NOT SHOWN ON THIS PLAN, PRIORTO ANY CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED INWRITING OF ANY UTILITIES FOUND INTERFERING WITH THEPROPOSED CONSTRUCTION AND APPROPRIATE REMEDIAL ACTIONBEFORE PROCEEDING WITH THE WORK. THE LOCATION OF ALLUNDERGROUND UTILITIES SHOWN HEREON ARE APPROXIMATE ANDARE BASED ON THE FIELD LOCATION OF ALL VISIBLE STRUCTURESSUCH AS CATCH BASINS, MANHOLES, WATERGATES, ETC. ANDCOMPILED FROM PLANS SUPPLIED BY VARIOUS UTILITY COMPANIESAND GOVERNMENT AGENCIES. ALL CONTRACTORS SHOULD NOTIFY,IN WRITING, ALL UTILITY COMPANIES OR AGENCIES PRIOR TO ANYEXCAVATION WORK. CALL DIGSAFE AT 1-888-344-7233.PROVIDE APPROPRIATETRANSITION BETWEENSTABILIZED CONSTRUCTIONENTRANCE AND ROAD6" MINIMUM12' MINIMUMEXISTINGROADEXISTINGGROUNDCRUSHED STONE30' MINIMUMEXISTINGGROUNDEXISTINGROADTHE ENTRANCE SHALL BE MAINTAINED IN A CONDITION WHICH WILL PREVENT TRACKING OR FLOWING OF SEDIMENTONTO EXISTING ROAD. THIS MAY REQUIRE PERIODIC TOP DRESSING WITH ADDITIONAL STONE OR ADDITIONAL LENGTHAS CONDITIONS DEMAND AND REPAIR AND/OR CLEANOUT OF ANY MEASURES USED TO TRAP SEDIMENT. ALL SEDIMENTSPILLED, DROPPED, WASHED OR TRACKED ONTO EXISTING ROAD SHALL BE REMOVED IMMEDIATELY.SCALE: NTSSTABILIZED CONSTRUCTION ENTRANCE1C-012" TO 24" THICKNO. 2 STONE SUBBASESEE PLAN FOR FINISH GRADESOIL SUBGRADE - ZERO SLOPEGEOTEXTILE ON SIDES ONLY OFSTONE3" THICK POROUS ASPHALT2" THICK NO. 57 STONE6" REVEAL ASPHALT CURBINGBEDDING COURSESCALE: NTSBITUMINOUS POROUS PAVEMENT4C-0(PARTIAL PARKING)EL. 496.00(HOLD)EL. 498.50NOTE: FINISH PARKING AREA GRADES VARY.BOTTOM OF STONE TO BE HELD AT EL. 496.00 Civil Engineers HOPKINTON, MASSACHUSETTS 18 CEDAR STREET Associates Inc. Gala Simon 394 LOWELL STREET, SUITE 18 LEXINGTON, MA 02420 Tel: (781) 676-2962 DRAINAGE/GRADING PLAN LEGENDC-12TYP. UTILITY TRENCHSCALE: NTSGala Simon AssociatesSCALE: NTS3C-1ROOF LEADER W/DOWN SPOUTSCALE: NTSH-20 CULTEC 330XL HD CHAMBER SYSTEM1C-1GENERAL NOTESSCALE: 1" = 10'PROPOSED CONDITIONS12"SCALE: NTSBIT. CONC. ROADWAY 7ASPHALT CURB5SCALE: NTSC-1C-1SCALE: NTSMINI CATCH BASIN4C-1C-16SCALE: NTSSEWER CONNECTION H20 RATEDOUT INV NDS GRATEWITH DOUBLE OPENINGS SEE SITE PLANFINISH GRADE & MATERIALCOMPACTED SUBGRADE6" COMPACTED GRAVEL BASE12" NDS #1217 EXTENSION RISER 12" X 12" NDS #1225 SUMP BOX SEE PLAN6" PIPESCALE: NTS8C-1NDS DRAIN INLET(PROVIDE RISERS AS NEEDED)24" SUMP Civil Engineers HOPKINTON, MASSACHUSETTS 18 CEDAR STREET Associates Inc. Gala Simon 394 LOWELL STREET, SUITE 18 LEXINGTON, MA 02420 Tel: (781) 676-2962 ZONING PLAN LEGENDGala Simon AssociatesSCALE: 1" = 10'PROPOSED CONDITIONSZONING TABLEZONING DISTRICT: BDDIMENSIONAL REQUIREMENTS ARE AS REQUIRED FOR RA DISTRICTNOTE: List dimensional requirementsand other applicable requirements inthe column belowNOTE: List the zoning bylaw requirement for each item thatis listed in the left columnNOTE: List the existingdimension/item in this columnNOTE: List your proposeddimension/item in this columnRequired:Existing:Proposed:MIN. LOT AREAMIN. LOT FRONTAGEMAX. LOT COVERAGEMIN. SETBACK FROM STREETMIN. SIDE YARD WIDTHMIN. REAR YARD WIDTH15,000 S.F100 FT35%40 FT10 FT20 FT11,985 S.F108 FT13.1 FT6.4 FT35.3 FT *11,985 S.F108 FT25%41.8 FT10.2 FT10.1 FT **CORNER LOT, SO NO REAR YARD. FIGURES ARE FOR THE EAST SIDE YARD- 1 HOPKINTON PLANNING BOARD Monday, December 3, 2018 7:30 P.M. Town Hall, 18 Main St., Hopkinton, MA MINUTES MEMBERS PRESENT: Muriel Kramer, Chairwoman, Fran DeYoung, Vice Chairman, David Paul, Deborah Fein-Brug, Mary Larson-Marlowe, Gary Trendel, Frank D’Urso, Carol DeVeuve, Amy Ritterbusch Present: Georgia Wilson, Principal Planner, Cobi Wallace, Permitting Assistant Ms. Kramer opened the meeting. 1. Approval-Not-Required Plan – 7 Box Mill Rd. – Rick Barbieri Rick Barbieri, applicant, appeared before the Board. Mr. Barbieri noted the changes are being made for a couple of reasons, including a better side yard for the homeowner and also in preparation for future plans to create two additional lots on abutting property. Mr. DeYoung stated they have been talking about additional lots for a while, and Mr. Barbieri noted they initially had been directed to go through the Board of Appeals but it will now be an application to the Planning Board with a public hearing process. Mr. Trendel moved to endorse the plan as not requiring approval under the Subdivision Control Law, Mr. DeYoung seconded the motion, and the Board voted unanimously in favor. 2. Administrative/Other Business/Liaison Reports Announcements: Ms. Kramer stated the applicant for Maspenock Woods has requested a continuation of the public hearing scheduled for 8:30 P.M. tonight to January 14, 2018, and the continued public hearing regarding the proposed Whisper Way development scheduled for 9:00 P.M. will be continued to December 17, 2018 at the request of the applicant. Zoning Advisory Committee (ZAC) Update: Ms. Larson-Marlowe noted the ZAC public forum on November 26 went very well, and several items were brought up although not all zoning bylaw related. She noted the ZAC wants the Planning Board’s approval to keep a number of non-zoning issues on the list of work items because the ZAC is a subcommittee of the Planning Board. She noted there were 3 items, and she asked Ms. Wilson for confirmation. Ms. Wilson stated these particular items included scenic stone walls, and definition of sidewalks. Ms. Larson noted there was a third item, but she cannot remember at this point. She noted the next meeting is on December 10 but they will hold off on non-zoning bylaw items until they get clarification from the Board. Minutes: The Board reviewed the draft minutes of October 29, 2018. Ms. DeVeuve moved to approve the minutes as written, and Ms. Fein-Brug seconded the motion. Ms. Fein-Brug asked Ms. Wallace to make a minor change to the minutes. The Board voted unanimously to approve the minutes of October 29, 2018 as amended. Meeting Dates: Ms. Wilson noted she has prepared a draft meeting schedule for 2019 to be finalized at the next meeting. She stated December 17 will be the last meeting of the year, and the first 2 meetings next year will be held on January 14 and 28. It was noted the schedule will be finalized at the next meeting. 2 Master Plan Implementation Plan/Website Update: Ms. Ritterbusch noted she has contacted the IT Dept. and corrections to the list of Planning Board appointments on the Town’s website will be made. Ms. Kramer asked about an update to Planning Board decisions, and Ms. Wilson noted she will be working on it. Liaison Reports: 1) Open Space Preservation Commission (OSPC) Update: Mr. DeYoung noted at the last meeting the Commission reviewed a proposal of Hopkinton Area Land Trust (HALT) to purchase 80 acres behind Granite St. for open space, and it would be a Community Preservation Committee (CPC)) request for annual town meeting. He noted the OSPC is in support of the proposal. 2) Community Preservation Committee (CPC): Mr. Trendel provided an update on CPC items and noted they have not seen the request for Granite St. yet. He noted the major discussion items included the need for conservation restrictions to be placed on a number of parcels, and a renewed proposal for a dog park. Ms. Kramer asked whether the CPC supported funding for a dog park, and Mr. Trendel noted yes, but only in principle, and the discussion was continued to the next meeting and the Committee would like the Parks & Recreation Commission to find a location with less impact on the abutters to avoid the challenges faced with a dog park proposal at town meeting last year. He noted irrigation for Pyne Field was approved, the EMC Park proposal was contentious but approved, acquisition of 0 Hayden Rowe (behind 180-182 Hayden Rowe) was further discussed, as well as funding for the Trails Committee. He noted with respect to the EMC Park funding some of the members felt that the equipment was still in pretty good shape and the vote to approve the project was 7 in favor and 1 opposed. Ms. Ritterbusch asked about funding for the filtration system for the fountain on the Common. Mr. Trendel noted it was pulled after a lot of debate about the proper course of action, and the applicant will reevaluate. Ms. Kramer thanked the members for their respective updates. 3. Continued Public Hearing – Stormwater Management Permit Application – Bucklin St./Leonard St. – Wall Street Development Corp. Ms. Larson-Marlowe moved to open the public hearing, Mr. DeYoung seconded the motion, and the Board voted unanimously in favor. It was noted the applicant has submitted a request to withdraw the application without prejudice. In response to a question of Ms. Ritterbusch, Ms. Kramer noted only 5 members are eligible to vote on the application due to Board turnover at the elections, and the applicant already submitted a new application which will enable him to pick up where he left off with the benefit of a full board. Ms. DeVeuve moved to grant the request, Mr. Trendel seconded the motion, and the Board voted unanimously in favor. 4. Public Hearing – Stormwater Management Permit Application – Bucklin St./Leonard St. & Continued Public Hearing – Petition to Construct Bucklin St. – Wall Street Development Corp. Mr. Paul moved to open the public hearings, Ms. Fein-Brug seconded the motion, and the Board voted unanimously in favor. Louis Petrozzi, Wall Street Development Corp., applicant, appeared before the Board. Mr. Petrozzi stated he appreciates the Board’s willingness to allow him to withdraw the previous stormwater management permit application. He noted since the last meeting the Board conducted a site walk, under rainy conditions, and there was a meeting with BETA Group, the Board’s consultant, to review BETA’s comments. He noted they are currently modifying the stormwater report and 3 making some changes, and he expects the public hearings to be continued to December 17. Ms. Kramer asked for a status report. Mr. Petrozzi noted he has no problem with making revisions but needs more time because of the holidays and the complexity of the material, and they should be ready for BETA’s review in a couple of weeks. Ms. Wilson reminded the applicant of the deadline for submission of additional application materials. She noted she distributed an updated version of the public hearing outline prepared for these applications. Ms. Kramer stated she would like to work on the public hearing outline with input from Board members and the public. Mr. DeYoung stated he would like to determine the impact on the direct abutters on Pleasant St., and asked about potential access from Maple St. Extension. He stated during the site walk there was a lot of water and he knows the area to the south has some wetlands. He asked whether any perc tests have been done, and Mr. Petrozzi stated they did some soil testing in connection with the stormwater management design. Mr. DeYoung asked whether the Fire Dept. has any concerns from a public safety standpoint, and Ms. Kramer stated it is going to be a long dead end street. Ms. DeVeuve suggested adding road design to the outline. Mr. DeYoung asked about sidewalks, and Mr. Petrozzi noted it is the subject of one of his waiver requests. In response to a question of Tom Terry, 17 Maple St., Ms. Kramer stated the withdrawal and resubmittal will allow all members to vote on the stormwater management application, and the plans are exactly as presented before. Mr. Petrozzi noted there will be additional revisions. Mr. Terry stated he feels the Board should wait for the revised plans, and Ms. Kramer noted they will wait for BETA’s comments. Mr. Terry stated he owns land off Leonard St. on the southeast corner, and everything drains into that direction into the drainage basin. Ms. Kramer stated the regulations require the developer to keep his water on his own land. Ted Barker-Hook, 75 Grove St., stated he would like to talk about the impact of additional traffic on the Grove St./Leonard St. corner as there are already a lot of accidents in this area which has recently undergone changes due to additional development on Box Mill Rd. Mr. Petrozzi addressed the status of the petition application for construction of the road, and noted that essentially the same comments apply here as for the stormwater management application and revisions are being made to address BETA’s comments to be incorporated into one package. The Board considered a date/time for continuation. Mr. Trendel asked if BETA has walked the site, and Ms. Wilson noted yes as part of the determination of the scope of service. The applicant noted he is meeting with the Conservation Commission (ConCom) tomorrow on applications for the road and the individual house lots. Mr. Petrozzi referred to Town Counsel’s response to Atty. Barbieri, and Ms. Kramer stated the Board has received it. The Board suggested continuing to December 17 at 8:30 P.M., and it was mutually agreed to extend the decision deadline to January 7. Mr. D’Urso referred to the plan on the screen, and noted he is concerned about the length of a dead end street, and asked if there is a possibility to connect to Maple St. Ext. Mr. Petrozzi noted he will have to talk to the Fire Dept. and other safety officials to see how they feel about it. In response to a question of Ms. Ritterbusch, Ms. Kramer noted she is open to suggestions to at least get the history of what the Planning Board has decided in the past on this type of situation, but it feels to her they will need to consider the Subdivision Rules and Regulations and she does not think it is a simple ANR decision. Reference was made to Town Counsel’s legal opinion which indicates the legal questions will have to be worked out between the developer and the abutters. Ms. DeVeuve stated Town Counsel’s letter is public record, and Mr. D’Urso stated the Board just received it today and there is an ongoing legal action. Ms. Ritterbusch noted this is a very confusing process, and Ms. Kramer agreed, noting they have to make sure the Planning Board stays in its lane. Ms. Wilson noted Town Counsel will be happy to answer any specific questions. Ms. Kramer asked if the Board should hold off on making a decision until a legal determination has been made, and Ms. Wilson noted they should proceed with the available 4 information. Mr. DeYoung noted there are 2 applications and he asked whether they should make decisions on each one separately, and Ms. Kramer stated they will do it at the same time. Ms. Wilson stated it will be similar to the process used for the Wilson St./Cedar St. solar special permit/stormwater management permit applications. Mr. Paul stated it appears 60 and 62 Pleasant St. would be impacted, which is unfortunate. He asked about Leonard St. as an alternative for access, and Mr. Petrozzi noted his property has frontage on both Leonard St. and Bucklin St., but historically the ConCom would like applicants to pursue development with the least impact, and in this case is means using Bucklin St. He stated as part of the ConCom process they prepared an alternative using Leonard St. for access potentially abandoning the right of way of Bucklin St. along with different house placement and alternative stormwater design but the Commission has not yet weighed in on it. Mr. Paul asked about the possibility of common driveways, and Mr. Petrozzi noted common driveways allow up to 2 lots, and there is another alternative showing a combination of 2 individual and 1 common driveway off Leonard St. but it has not yet been reviewed by the Commission. Ms. DeVeuve asked if they can put a scale on the drawings, and Mr. Petrozzi stated they will. Ms. Kramer noted the street numbers for the abutting Pleasant St. properties are reversed, and Mr. Petrozzi noted it will be corrected. In response to a comment of Mr. D’Urso with respect to the ConCom’s jurisdiction in this case, Mr. Petrozzi noted his proposal is only subject to the Town’s wetlands bylaws. In response to a question of Ms. Ritterbusch, Mr. Petrozzi clarified the common driveway alternative and stated he could potentially have created 9 lots if not for the wetlands. Ms. Fein-Brug stated there may be other viable alternatives and the Board may be making a decision before the legal issues have been resolved. She asked if there is any precedent as to how something like this has been handled in the past, and Ms. Kramer noted the Planning Board is not involved in the decision making process. Mr. Petrozzi stated coming in off Leonard St. would have fewer obstacles and would be better than having to build up a 700 ft. road, but it is Planning Board vs. ConCom jurisdictions. Ms. Kramer noted from a process perspective each board is independent. Mr. Petrozzi stated it could be either an approval followed by an appeal by abutters or a denial to be appealed by the applicant. Ms. DeVeuve asked about the status of the legal action, and Mr. Petrozzi noted it is ongoing. Mr. Trendel asked if the ConCom has walked the site, and Mr. Petrozzi stated the ConCom process has been ongoing for quite a while and he believes either the ConCom or its consultant walked the site in connection with the Application for a Determination of Applicability. He noted at the time both parties were in agreement about the boundaries but he is not sure whether they have been out there since. A discussion followed regarding the abutting properties on Pleasant St., noting that the preexisting nonconformance of the structure at 62 Pleasant St. is not relevant to this application, and the property at 60 Pleasant St. is the result of an ANR plan endorsement that allowed the new house to be built there. A discussion followed on the subject of paper streets, and Mr. Petrozzi stated he owns the entire width of Bucklin St. but only to the middle of the right of way with respect to Leonard St. Reference was made to setback requirements with respect to existing properties, and Mr. Petrozzi stated his homes will meet all setback requirements and they are not responsible for other preexisting situations. Mr. D’Urso stated the applicant should work with the immediate abutters to address their concerns, perhaps consider trees or walls, and Mr. Petrozzi stated Mr. D’Urso is absolutely right as long as they will listen to them. The discussion was suspended to open and continue a scheduled public hearing. 5. Public Hearing – Proposed Amendment to Approved Garden Apartment Site Plan - Maspenock Woods (West Elm St.) – Maspenock Woods Realty Assoc. 5 Mr. D’Urso opened the public hearing, and Ms. Larson-Marlowe seconded the motion. The Board voted unanimously in favor. It was noted the applicant has requested a continuance to the first meeting in January. Mr. D’Urso moved to continue the public hearing to January 14, 2019, at __ P.M., Mr. DeYoung seconded the motion, and the Board voted unanimously in favor. 6. Continued Public Hearings – Stormwater Management Permit Application, Bucklin St./Leonard St.; Petition to Construct Bucklin St. – Wall Street Development Corp. After a brief discussion, Mr. DeYoung moved to continue the public hearings to December 17, 2018 at 8:30 P.M., Mr. Paul seconded the motion, and the Board voted unanimously in favor. The applicant and the Board mutually agreed to extend the decision deadline for the stormwater management permit application to January 7, 2019. 7. Continued Public Hearing – 18 Cedar St. – Special Permit – Parking Between the Building and a Street – Janice Brown Mr. D’Urso moved to open the public hearing, Mr. Trendel seconded the motion, and the Board voted unanimously in favor. Janice Brown, owner/applicant, Carl Oldenburg, architect, Albert Gala, engineer, and Thomas Nealon, attorney, appeared before the Board. Mr. Oldenburg noted the subject property is located on the corner of A St. and Cedar St., is less than 12,000 sq. ft. in size, and the existing home is in poor condition. He noted the property is in the Downtown Business (BD) district and abuts a residential zone in use and character. Ms. Brown noted residential uses are not allowed by right in the BD district, but she felt a residential structure there would be better and her project will provide reasonably priced housing for single people or couples without children. She noted this would continue the current residential use in line with character of the surroundings, with a 2-story building and 8 (eight) 600 sq. ft. apartment units, 4 on each floor. She noted the proposal requires special permits from the Board of Appeals, one for the use and another for a nonconforming, undersized lot, and concerns about parking expressed by the abutters at the first hearing resulted in changes to the plan for review at the continued hearing scheduled for December 12. He stated they also need a special permit from the Planning Board for parking between the building and a street. He noted the plan originally submitted to the Planning Board has been revised increasing the number of parking spaces from 8 to 13, with the potential of an additional space if a dumpster is not required. Ms. Kramer asked if a dumpster is required, and Ms. Wilson stated she will check. Mr. Oldenburg noted he assumes it is required, and Ms. Brown stated she would rather not have a dumpster and perhaps have a room in the basement for trash to be collected and picked up on the designated day. Mr. Oldenburg noted one of the key changes on the revised plan is the main entry off Cedar St. instead of A St., but there will be a driveway and a few spaces there but no connection between the two. He noted he hopes everyone has had a chance to look at the landscape plan with plantings along the road to hide the parking as much as they can. He noted they offer 60% more parking than required under the zoning bylaw and added landscaping to improve appearance. Ms. Wilson noted the applicant made an in-depth presentation, and the Board of Appeals is interested in Planning Board feedback regarding the use, and perhaps a joined site walk would be beneficial. She noted BETA will review the plan but was waiting for the landscape details which did not come in until today. Mr. Paul asked about the stormwater design, and Ms. Wilson noted there is nothing in the application that triggers review of this aspect, but the Board can certainly discuss it in spite of that. Board members suggested additional items for discussion, including stormwater (per DPW comments), snow storage, solar panels, sidewalks, number of parking spaces, parking on A St., bicycle/pedestrian safety, dumpsters, and waiver requests. Tom Smith, 22 Walcott St., noted every 6 household in this neighborhood typically has a minimum of 2 parking spaces, and this proposal with only 1.3 spaces per unit will result in overflow parking in the neighborhood along narrow streets such as A, B and Walcott St. Ms. Kramer asked about the minimum parking requirement for this use, and Ms. Wilson noted she will look it up. Ms. Kramer stated this will be an important conversation to have for everyone involved, but she is not in favor to pave every square inch for parking. Ms. Ritterbusch noted she believes the bylaw requires 1 space per bedroom, and Ms. Wilson stated she thinks that is correct. Ron Foisy, 25 Chamberlain St., stated he feels the Board should also look at this proposal from a Master Plan perspective, and he suggested adding this aspect to the outline. Mr. Paul stated that may be too general and he feels they should be more focused. Mr. DeYoung stated he feels stormwater should be discussed as the proposal creates a very large parking lot with more impervious surface. Ms. Fein-Brug asked what will trigger stormwater review, and Ms. Kramer stated the developer has to make sure that the water does not go off site. The Board paused the discussion to continue a scheduled public hearing. 8. Continued Public Hearing – Definitive OSLPD Subdivision Plan - Whisper Way (Wood St. and Whisper Way) – 20th Century Homes Mr. D’Urso moved to continue the public hearing for the Whisper Way subdivision proposal to December 17 at 9:15 PM, Mr. Trendel seconded the motion, and the Board voted unanimously in favor. 9. Continued Public Hearing – 18 Cedar St. – Special Permit – Parking Between the Building and a Street – Janice Brown Mr. Trendel stated from a process perspective any concerns about the minimum requirements for this type of use can only be addressed by a change to the zoning bylaw which requires a vote by annual town meeting. He suggested this issue be brought up to the ZAC for review. Mr. D’Urso noted he is in support of Mr. Foisy’s response, and he feels the project is creating more affordable housing which would be in line with one of the Master Plan goals. Ms. Kramer agreed. She asked about ADA requirements, and Ms. Brown noted the complex will be handicapped accessible in the front and rear. Ms. Kramer stated she appreciates the developer’s approach which seems very respectful to the surrounding area. She noted she realizes the need for this type of housing from personal experience and it is a good way to start out. Ms. Brown stated creating affordable housing is her passion and from now on it is the only type of development she wants to do. Mr. Paul stated he understands the need for this type of housing but there are some challenges here. Ms. Kramer referred to Mr. Foisy’s comment and noted it would be great to increase the vibrancy of the downtown area but without paving the entire area, and Mr. Trendel agreed. The Board discussed a possible date/time for a joint Planning Board/Board of Appeals site walk, and it was scheduled for December 15, 2018 at 9:00 A.M., public invited. Mr. Smith asked if the applicant has a snow removal plan, and Ms. Kramer stated this issue is on the list of discussion items. Ms. Carroll stated the abutters have come together on this proposal and have written letters, and she can speak on behalf of the neighbors. She noted she supports the concept of affordable housing, but these are apartment units which do not belong in this neighborhood and will create traffic problems. She noted there were ongoing problems with the property for many years with people coming and going all the time. Mr. Foisy noted from the perspective of the Chamber of Commerce population density in the downtown area is critical for business, and the more people the better. The Board discussed structural and dimensional details, and it was determined the building has a wood construction and a total of just under 6,000 sq. ft. of living space. Mr. D’Urso asked about the possibility of a steel frame and underground parking, and Mr. Oldenberg stated that would be too 7 expensive, quite a project, more suitable for urban settings, and not the right thing to do in this case. Mr. D’Urso noted he used to live in Brookline, and his landlord worked with local businesses on parking and he suggested the applicant do the same. Mr. Paul stated he is concerned about pedestrian access due to the lack of sidewalks in this area, and Mr. Smith stated there is a sidewalk along Cedar St. Elyse Barrett Mihajloski, 19 Walcott St., stated she appreciates the adjustments made to the parking layout, but feels it will still not be sufficient with overflow parking ending up along the already crowded neighborhood streets. She noted she is also concerned about additional noise, and the homes are not noise proof. Barrett Mihajloski asked if there will be a raised curb at the intersection of A and Cedar Sts. She noted there already is a lot of cut-through traffic and asked if there is a possibility for widening A St. Ms. DeVeuve stated she drove by the site, and agrees it is indeed quite narrow and quite a challenge. Ms. Fein-Brug stated she is concerned about the size of project vs. the size of the lot, and asked how the applicant arrived at this rather large structure vs. the cute little homes in the rest of the neighborhood. Ms. Brown stated her property is on Cedar St. with homes in a variety of sizes, but she feels the new structure fits better in the size as proposed. Reference was made for the setback requirements for a residential use in the downtown district, and it was noted the structure complies. Mr. Trendel asked for clarification as to other large homes on Cedar St., and Ms. Brown noted 12 Cedar St. is a 4-family home with 8 bedrooms. Ms. Fein-Brug asked about the status of the demolition delay, and Ms. Brown noted that has already been taken care of and the demolition delay has already expired. In response to a question of Ms. Ritterbusch, Mr. Oldenburg noted a special permit from the Planning Board is needed for parking between the street and the building. Mr. Paul asked for clarification of the parking lot layout, and Mr. Oldenburg noted there is a retaining wall for separation and the extra space is needed for maneuvering. After a brief discussion, Mr. D’Urso moved to continue the public hearing to January 14, 2018 at 8:15 P.M., Ms. Fein-Brug seconded the motion, and the Board voted unanimously in favor. 10. Liaison Reports CPC - Mr. Trendel noted the CPC voted to recommend $50,000 for funding of access and development of the athletic parcel on East Main St. deeded to the Town by Legacy Farms for recreational purposes. Mr. Trendel noted the actual design is still a long way off, but they want to first complete the sidewalk along East Main St. and figure out access to the parcel later. Mr. Paul asked what type of recreation is planned, and Mr. Trendel noted that was not discussed. In response to a question of Ms. Fein-Brug, Mr. Trendel stated it will not be a hockey rink. Ms. Fein-Brug stated they will need something to regulate the traffic on East Main St., and Ms. Ritterbusch stated there will be a light eventually. OSPC - Mr. D’Urso asked Mr. DeYoung about the 80 acres off Granite St., and Mr. DeYoung noted it concerns several parcels in the area between Granite St. and the Charlesview neighborhood and it is a HALT proposal which has OSPC support. Ms. Kramer stated she does not mind support for the proposal but would need to know a lot more about it. ZAC - Ms. Larson-Marlowe followed up on comments made earlier in the meeting, and stated other possible non-zoning bylaw ZAC work items, besides a review of the Scenic Road general bylaw with respect to stone walls, relate to the definition of sidewalk design and construction standards, and a definition of paper streets, both referenced in the Subdivision Rules and Regulations, and the Committee would like guidance from the Planning Board on how to proceed before putting them on the list of work items. She noted she talked to Ms. Wilson and Elaine Lazarus, Director of Land Use & Town Operations, and zoning changes have to go to town meeting, while items related to the 8 Subdivision Rules & Regulations would be going through the Planning Board. Ms. Kramer asked if paper streets are defined under Mass General Law. Ms. Wilson stated a paper street could be a street on an already approved subdivision plan or not, and formalizing this is a long term goal. Ms. DeVeuve stated she thought they cannot create more paper streets, and Ms. Wilson stated not on purpose at least and this concerns the remaining paper streets. It was determined the Board would try to talk about these issues when there is time, perhaps on January 14. Ms. Kramer stated another important issue is the real pressure on the Town’s services, particularly in terms of residential growth, and how this should be approached with the various departments, including the School Committee. She noted she sees the Fire Chief at just about every Planning Board meeting, and it would be beneficial to engage the Board of Selectmen. Ms. Larson-Marlowe stated that was one of her questions when talking to Ms. Wilson and Ms. Lazarus, and she had hoped someone would bring this up at the recent ZAC forum because when she was running for Planning Board and also after she was elected people would frequently express their concerns and ask about possible ways to slow down growth, at least temporarily. Ms. DeVeuve stated she would like to talk the impact of growth on long term water supplies. Ms. Ritterbusch asked about the possibility of asking for the estimated number of school age children as part of a development proposal, and Ms. Kramer stated they cannot require that, but another approach would be a new study of the cost of community services from a consultant, and maybe it is time for additional charrettes to find out the priorities from the perspective of Hopkinton residents. Mr. D’Urso moved to adjourn the meeting, Mr. DeYoung seconded the motion, and the Board voted unanimously in favor. Adjourned: 9:55 P.M. Submitted by: Cobi Wallace, Permitting Assistant Approved: ___________________ Documents used at the Meeting: Agenda for the December 3, 2018 Planning Board meeting Memo from Georgia Wilson, Principal Planner, to Planning Board, dated November 29, 2018, re: Items on December 3, 2018 Planning Board Agenda Draft Planning Board Minutes – October 29, 2018 Missed Meeting Certificates – Frank D’Urso and Muriel Kramer (November 19, 2018) Public Hearing Outline – 18 Cedar Street – Off-street Parking Special Permit, Meeting Dates: 12/3; Site Plan for 18 Cedar Street, dated 11/25/2018, prepared by Carl C. Oldenburg, AIA, Architect; Planting Plan for 18 Cedar Street Hopkinton, Ma, dated November 30, 2018, prepared by Creative Environments Landscape Co., Inc. Public Hearing Outline – Bucklin St. Roadway Petition, 10/29/18, 12/3/18; Plan of Land “Parcel A – Bucklin & Leonard St.”, Hopkinton, Massachusetts, dated March 29, 2018 rev. through Oct. 7, 2018, prepared by GLM Engineering; Letter to Hopkinton Planning Board from Rebekah Lacey, MiyaresHarrington, dated November 30, 2018, re: Wall Street Development, Assessors Map U19, Lot 52 (off of Pleasant/Leonard Streets) (the “Property”), Stormwater Management Permit Application and Petition for Roadway Approval, Evalution of October 29, 2018 Letter from Peter Barbieri Amendment Recommended by ZAC – 1-8-19 1 ARTICLE XXVII Signs § 210-176. Purpose. The requirements of this Article are intended to: 1) facilitate efficient communication; 2) avoid conflict between signs and the visual qualities of the environs; 3) support economic vitality and opportunity; and 4) encourage compatibility and harmony with surrounding buildings, land and land uses. § 210-177. Definitions. For the purpose of this Article, the following terms shall have the following meanings: BANNER – A temporary sign that is applied to cloth, paper, flexible plastic or fabric of any kind, and that is hung from the ends and/or the top thereof. BUSINESS ESTABLISHMENT – A lawfully existing non-residential use. GOVERNMENT SIGN – A sign that is constructed, placed or maintained by the federal, state or local government or that is required to be constructed, placed or maintained by the federal, state or local government either directly or to enforce a property owner’s rights. HEIGHT – The vertical distance measured from the finished grade at the sign to the highest point of the sign or its supporting structure, whichever is higher. SANDWICH BOARD SIGN – A portable A-frame sign constructed of durable materials with two flat faces and designed to be displayed on the ground. SIGN – Any letter, word, symbol, drawing, picture, design, device, article or object of whatever material and manner of composition or construction that is displayed in an exterior location. The term “sign” shall not include: historical date plaques and markers, athletic scoreboards, pavement markings, memorials and monuments, decorations, traffic control devices, trailhead markers, kiosks, or flags and insignias of governmental jurisdictions. SIGN AREA – The area that includes all lettering, wording and accompanying symbols or designs as well as the background on which they are displayed, whether open or enclosed, any frame around such background and any cutouts or extensions. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, wall or building shall be considered to be that of the smallest rectangle comprised of horizontals and verticals that encompasses all of the letters and symbols. Only one side of a two-sided identical sign shall be counted in computing the area of a sign. TEMPORARY SIGN – A sign that, by its design or use is temporary in nature and not permanently affixed. Temporary signs are frequently composed of paper, plastic, fabric, posterboard or cardboard, and are typically displayed on property that is for sale, lease or rental, under construction, where a garage, yard or special sale is being held, or where a seasonal or occasional use or event is occurring. § 210-178. General Regulations. The following regulations shall apply in all zoning districts: Amendment Recommended by ZAC – 1-8-19 2 A. No exterior sign shall be displayed except as provided in this Article, except as exempted by this or other applicable law. B. No sign shall be displayed so as to create a hazard, obstruct the line of sight at an intersection or obstruct pedestrian travel on public sidewalks. C. Neon signs, including any sign that features exposed glass tubing filled with fluorescent gas, are prohibited. No messages or graphics on permanent signs shall be formed by lights of any kind. D. No sign shall be mounted, affixed or painted on roofs or on parapet walls, or extend above the roof eave line of a building. E. No sign shall flash, rotate, be animated, make noise, be motorized or move or be designed to move by any means, either in whole or in part. F. Notwithstanding any provision of this Article to the contrary, signs may be displayed within the right of way of the following major public ways, if authorized by the Board of Selectmen: East Main St., Main St., Cedar St., West Main St., Wood St., South St. and Hayden Rowe Street. Such signs shall not exceed 20 square feet in area and shall not be illuminated. G. The provisions of this Article shall not apply to government signs. H. Signs may be externally illuminated by steady, stationary light shielded and directed solely at the sign; signs may be backlit or channel lit. Internally illuminated box and panel signs are prohibited. I. Signs attached to a building shall be placed and aligned to define or enhance the building’s architectural elements. Sign design shall be reasonably compatible with the mounting location, height, proportions and materials of other signs on the same lot. J. Unless specifically authorized by this Article, no sign that advertises goods, products or services that are not sold, manufactured or distributed on or from the premises or facilities on which the sign is located shall be permitted. K. No sign that is mounted to be flush with a building wall shall be more than 6 inches in depth. L. No portion of any wall sign or projecting sign shall be above the first story of a building. § 210-179. Temporary signs. Temporary signs and banners are permitted in all zoning districts as follows: A. No more than 2 temporary signs may be displayed on a lot, neither of which shall exceed 8 square feet in area. A temporary sign shall not be displayed for more than 30 days. B. One banner for each business establishment may be displayed on the premises of such use. Such banners shall not exceed 24 square feet in area, and shall not be displayed for more than 30 days. C. Temporary banners may be displayed over Main Streetpublic roadways if authorized by the Board of Selectmen and subject to such limitations as it shall require. Such banners shall not be displayed for more than 14 30 days and may not exceed 75 180 square feet in area. Amendment Recommended by ZAC – 1-8-19 3 D. For a period of time beginning 30 days before Patriots Day and ending two days after Patriots Day every year, there shall be no maximum number of temporary signs and banners permitted, and the maximum size of temporary signs shall be 24 square feet. E. For a period of time beginning 30 days before a municipal, state or federal election and ending two days after the date of the election, there shall be no maximum number of temporary signs permitted. § 210-180. Sign regulations by zoning district A. Signs are permitted by right in each zoning district as follows. (1) Residence A, Residence B, Residence-Lake Front and Agricultural Districts: (a) Signs displayed on property that is for sale, lease or rental, not to exceed 6 square feet in area. (b) Temporary or permanent signs that advertise goods, products or services that are sold, manufactured or distributed on or from the premises or facilities on which the sign is located, not to exceed 6 square feet in area. (2) Business, Downtown Business and Rural Business Districts (a) Wall signs and projecting signs shall be allowed on each side of a building facing a public way or parking lot. The area of such signs shall not exceed, in the aggregate, 1.5 square foot for each linear foot of a building wall that faces a public way or parking lot. If a building or business establishment has a street level public entrance that does not face a public way or parking lot, there may be one secondary wall sign in the vicinity of each such entrance, not to exceed 15 square feet in area. (b) Except as otherwise provided herein, one standing sign per lot shall be allowed, not to exceed 32 square feet in area. Lots that have frontage on more than one public way may have two standing signs on the lot, not to exceed 32 square feet in area, each along a different public way. The height of standing signs shall not exceed 10 feet. (c) Each business establishment may display one sandwich board sign or other standing sign not permanently affixed to the ground on the premises when the business establishment is open to the public. Such sign shall not exceed 8 square feet in area. (d) Permanent signs shall conform to all applicable side yard and rear yard requirements. (e) Two accessory signs per lot may be displayed. No such accessory sign shall exceed 2 square feet in area. (f) In Rural Business Districts, illuminated signs shall be shielded from view of any residential district lot line adjoining the premises, except as authorized by Special Permit issued pursuant to section 210-180(B). (g) Signs displayed on property that is for sale, lease or rental of the premises, not to exceed 6 square feet in area. Amendment Recommended by ZAC – 1-8-19 4 (3) Industrial A and Industrial B Districts (a) A non-illuminated sign displayed on property that is for sale, lease or rental, and having an area of not more than 32 square feet, shall be permitted. (b) Permanent signs shall conform to all applicable side and rear yard requirements. Signs may be located no nearer than 15 feet to the edge of a street. (c) There may be one standing sign at the entrance to each individual parcel of land, not to exceed 32 square feet in area and 10 feet in height. There may be one wall sign for each business establishment, each not to exceed 32 square feet in area. In addition, there may be one wall sign at the top of the building, not to exceed 32 square feet in area; provided, however, that the sign does not extend above the roofline of the building. [Amended 5-1- 2017 ATM, Article 39] (d) Additional non-illuminated signs that do not exceed 2 square feet in area and, if freestanding, do not exceed 4 feet in height are permitted on a lot. (4) Professional Office District; Campus Style Developments approved by the Planning Board pursuant to Article XIV: (a) There may be one standing sign at the main entrance to a development site, not to exceed 32 square feet in area and 10 feet in height which shall not be located closer than 15 feet to the edge of a street. (b) There may be one standing sign at secondary entrances to a development site, not to exceed 15 square feet in area and 10 feet in height which shall not be located closer than 15 feet to the edge of a street. (c) Each building within a development site may display one wall or standing sign, located on or at the front of the building, not to exceed 25 square feet in area. (d) There may be up to three additional signs within a development site, each not to exceed 2 square feet in area, and if freestanding, not to exceed 4 feet in height. B. The following signs shall be allowed by Special Permit from the Board of Appeals, upon a finding that the sign will further the Purposes of this Article, and is otherwise appropriate for the size of the property, any buildings thereon, and the neighborhood setting. (1) Signs, not otherwise permitted by right, to be displayed in connection with allowed uses, subject to such limitations as may be imposed by the Board of Appeals. § 210-181. Special Regulations A. Garden Apartments in Residential Districts, Village Housing in Residential Districts, Senior Housing Development, Open Space Mixed Use Development Overlay District: In developments approved by the Planning Board pursuant to Article XIII, Garden Apartments in Residential Districts, Article XIIIA, Village Housing in Residential Districts, Article XVIA, Senior Housing Development and Article XXVI, Open Space Mixed Use Development Overlay District, all signs Amendment Recommended by ZAC – 1-8-19 5 shall be solely subject to such limitations of size and usage as may be imposed by the Planning Board. B. Adult Uses: Signs shall be permitted subject to the requirements of those applicable to the Business District and Article XVI, Adult Uses, of this Chapter. No sign may depict or represent any sexual conduct or state of sexual excitement as defined in Section 31 of Chapter 272 of the Massachusetts General Laws. Nor shall any such depictions or representations be placed upon or within the windows or walls of the premises so as to be visible to the public from the exterior of the premises. C. Wireless Communications Facilities: For wireless communications facilities permitted pursuant to Article XVI of this Chapter, there shall be no signs, except as required by the applicable Special Permit. All signs shall conform to the requirements of the zoning district in which the facility is located. D. Signs at a Registered Marijuana Dispensary (RMD) shall be subject to the requirements applicable in the Zoning District in which they are located, with the following additional restrictions: (1) At a minimum, all signs at RMDs shall be in compliance with the provisions of 105 CMR 725.105 or any applicable successor regulation of the Massachusetts Department of Public Health, as such provisions may be amended from time to time; (2) RMD window signs shall be limited to a maximum of 20% of the window area. No window sign shall be illuminated. Neon signs, including any sign that features exposed glass tubing filled with fluorescent gas, shall neither be displayed in windows; nor be visible through windows. No window signs or signs visible through windows shall flash, rotate, be animated, be motorized or move or be designed to move by any means, either in whole or in part. § 210-182. Nonconforming signs Legal nonconforming signs shall be regulated as follows: A. Except as otherwise provided in this Section, signs lawfully erected or displayed prior to the adoption of this Article may be maintained, reworded, redesigned, altered or repaired without requiring conformance with the provisions of this Article, provided that the sign is not thereby rendered more nonconforming. B. The protections set forth in this Section shall terminate with respect to any sign that 1) has been abandoned for 6 months or more; or 2) advertises goods, products or services that have not been sold, manufactured or distributed on or from the premises or facilities on which the sign is located for 6 months or more; or 3) has not been properly repaired or properly maintained within 60 days after notice thereof has been given by the Director of Municipal Inspections to the property owner of record. Amendment Recommended by ZAC - 1-8-19 1 ARTICLE XXXI Commercial Solar Photovoltaic Installations § 210-200. Purpose and Intent The purpose and intent of this Article is to permit the creation of new commercial solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety and minimize impacts on residential neighborhoods and scenic, natural and historic resources. § 210-201. Applicability Construction and use of a commercial solar photovoltaic installation or any part thereof shall be permitted in any zoning district subject to the requirements set forth in this section. Nothing in this Article should be construed to prevent the installation of solar photovoltaic installations that are permitted as-of-right in any zoning district as an accessory use. § 210-202. Use Regulations Commercial solar photovoltaic installations shall conform to the following provisions: A. A commercial solar photovoltaic installation may be erected, upon the issuance of a special permit by the Planning Board, on a lot containing a minimum of three (3) acres. B. All setback, yard, buffer and screening requirements applicable in the zoning district in which the installation is located shall apply. C. All security fences surrounding the installations shall be set back from the property line a distance equal to the setback requirement applicable to buildings within the zoning district in which the installation is located. D. The provisions of Article XX, Site Plan Review, shall not apply to commercial solar photovoltaic installations. E. The visual impact of the commercial solar photovoltaic installation, including all accessory structures and appurtenances, shall be mitigated. All accessory structures and appurtenances shall be architecturally compatible with each other. Whenever reasonable, structures shall be shielded from view by vegetation forming an effective year-round screen and/or joined and clustered to avoid adverse visual impacts. Methods such as the use of landscaping, natural features and fencing may be utilized. F. Lighting shall not be permitted unless required by the Planning Board or by the State Building Code. Where used, lighting shall be directed downward and full cut-off fixtures shall be used. Amendment Recommended by ZAC - 1-8-19 2 G. All utility connections from the commercial solar photovoltaic installation shall be underground unless otherwise specifically permitted otherwise by the Planning Board in the special permit. Electrical transformers and inverters to enable utility interconnections may be above ground if required by the utility provider. H. Clearing of natural vegetation shall be limited to the minimum necessary for the construction, operation and maintenance of the commercial solar photovoltaic installation except as otherwise prescribed by applicable laws, regulations and bylaws or the special permit. I. The commercial solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, continued compliance with landscaping and screening requirements, and integrity of security measures. The owner or operator shall be responsible for the maintenance of any access roads serving the installation. § 210-203. Administration A. A special permit is required from the Planning Board to erect or install a commercial solar photovoltaic installation. A record owner desiring to erect or install a commercial solar photovoltaic installation shall file with the Planning Board an application for a special permit, together with such plans, drawings, specifications, fees and additional information as required by the Planning Board. B. The Planning Board shall have the authority to waive specific provisions of the Use Regulations of this Article upon a determination that a waiver would not be inconsistent with the purpose and intent of this Article. C. The Planning Board shall conduct its review, hold a public hearing and file its decision with the Town Clerk as required by the provisions of this Chapter. D. Approval Criteria. Before the Planning Board may issue such Special Permit, it shall determine each of the following: (1) The commercial solar photovoltaic installation conforms to the provisions of this Article. (2) The commercial solar photovoltaic installation will not be detrimental to the neighborhood or the Town. (3) Environmental features of the site and surrounding areas are protected, and specifically surrounding areas will be protected from the proposed use by provision of adequate surface water drainage. E. Any special permit issued pursuant to this Article shall be subject to such conditions and safeguards as the Planning Board may prescribe. Such conditions may include the requirement of a performance bond, secured by deposit of money or negotiable securities, Amendment Recommended by ZAC - 1-8-19 3 posted with the Town to guarantee proper maintenance and/or removal of the commercial solar photovoltaic installation. The amount of the performance bond shall not exceed the estimated cost of the commercial solar photovoltaic installation’s removal. Such conditions may also include additional screening of the facility. § 210-204. Discontinuance A commercial solar photovoltaic installation shall be deemed to have been discontinued if it has not been in service for a continuous 24-month period. Upon receipt of a Notice of Discontinuance from the Director of Municipal Inspections, the owner shall have the right to respond to the Notice within 30 days of receipt. The Director of Municipal Inspections shall withdraw the Notice of Discontinuance and notify the owner that the Notice has been withdrawn if the owner provides information that demonstrates to the satisfaction of the Director of Municipal Inspections that the commercial solar photovoltaic installation has not been discontinued. If the commercial solar photovoltaic installation is determined to be discontinued, the owner shall remove the installation, including all structures, equipment, security barriers and transmission lines, and stabilize or re-vegetate the site as necessary to minimize erosion and sedimentation, at the owner’s sole expense within three months of receipt of the Notice of Discontinuance. Failure to remove the installation and stabilize the site within said time period may subject the owner to action pursuant to Article XXIV. 1-8-19 – Amendments Recommended by ZAC: Educational uses; Indoor recreation; Accessory retail; Car wash 1 ARTICLE VIII Industrial A (IA) District § 210-27. Development and design objectives. The zoning standards and controls in the Industrial A District are established to promote and maintain an ecological balance between the undeveloped natural resources, watersheds and residential neighborhoods in the Town and the new industrial buildings and uses that will be present in the area. As new buildings are developed, they should complement and enhance the natural beauty of the town. New industrial uses must recognize that the land abutting major highways will have two visual "front doors": the highway itself and the local roads. Buildings on such sites must be sited, planned, developed and maintained to present an attractive appearance from both directions. § 210-28. Size and setback requirements. A. The following size and setback requirements shall apply: (1) Minimum lot frontage: 200 feet. (2) Minimum lot area: 60,000 square feet. (3) Maximum lot coverage: 40%. (4) Maximum gross floor area: 50% of lot area. [Amended 5-1-2017 ATM, Article 37] (5) Minimum setback from a property line abutting a street: 60 feet, which area must remain undeveloped and landscaped, except as hereafter provided. (6) Minimum side yard: 30 feet. (7) Minimum rear yard depth: 40 feet. B. Yard and setback exceptions: No building or structure shall be erected or altered to be within 60 feet of an RA, RB, RLF or A District line, or within 40 feet of the right-of-way line of Routes 90 and 495. § 210-29. Loading zone. Adequate off-street loading shall be provided only at the side or rear of the building. Such loading space shall be provided on the lot to service all loading requirements of the industry or use conducted thereon without requiring use of adjacent public streets, ways or required setback area thereof. § 210-30. Outdoor storage and/or display of merchandise or equipment. 1-8-19 – Amendments Recommended by ZAC: Educational uses; Indoor recreation; Accessory retail; Car wash 2 No open storage or display shall be permitted in any setback area. All storage or displays must be adequately screened by a fence or landscaping so as not to be visible from any road or highway. No materials or equipment stored on a lot shall project above the eave line of the tallest building on the lot. § 210-31. Landscaping and Screening. A. All required setback areas shall be adequately and attractively landscaped with lawns and/or trees within one year of the completion of building construction on any lot and shall thereafter be maintained in an attractive manner. B. The minimum setback area to a residentially zoned district shall be maintained in a wooded state to provide effective year-round screening of abutting property. § 210-32. Limitation on principal front of buildings. The vertical distance, measured from the curb grade to the highest point of the principal front of a building or structure in the Industrial A District shall not exceed 60 feet; provided, however, that such vertical distance for a building or structure that is within 400 feet of the right of way of the portion of Hayward Street located to the west of South Street shall not exceed 40 feet. § 210-33. (Reserved) § 210-34. Uses permitted by right. A. The following land uses are permitted in an IA District. (1) Research and development; Research centers and laboratories. (2) Professional and medical offices. (3) Manufacturing, assembly or processing plants for the following types of industries, provided that none of the activities in Subsection A(3)(a) through (k) will be offensive, injurious or noxious because of gas, dirt, sewage and refuse, vibration, smoke, fumes, dust, odors, discharge of harmful bacteria, radioactive material or chemicals into air, water or septic or site drainage systems, danger of fire or explosion, objectionable noise or other characteristics which are detrimental or offensive or which tend to reduce property values in the same or adjoining districts: (a) Food and kindred products. (b) Apparel and related products. (c) Electronic and electrical products. 1-8-19 – Amendments Recommended by ZAC: Educational uses; Indoor recreation; Accessory retail; Car wash 3 (d) Furniture and fixtures. (e) Printing and publishing. (f) Lumber and wood products. (g) Paper converting products. (h) Primary and fabricated metal industries. (i) Machinery. (j) Transportation equipment. (k) Instruments and related products, or any other light manufacturing enterprise. (4) Warehousing for distribution. (5) Landscaping business and storage/staging facility. (6) Health club. (7) The preparation, packaging and warehousing for distribution of medical supplies for home intravenous therapy with accessory retail use, provided that the retail use occupies no more than 300 square feet of gross floor area in the aggregate on any one lot. (8) Accessory uses, including but not limited to cafeterias. (9) Restaurants. (10) Health services facility. (11) Retail stores not to exceed 2,000 square feet, located so as to provide for the convenience of the occupants of the immediate neighborhood, selling items such as groceries, prepared take-out food, toilet articles, cosmetics, candy, sundries, medications, newspapers, magazines and ice cream provided, however, that any such retail store may operate only between the hours of 6:00 A.M. and 10:00 P.M. (12) Genetic, biological and chemical research centers, laboratories and manufacturing and processing plants with a Biosafety Level of Level 1 (involving specific combinations of work, practices, safety equipment and facilities appropriate for infectious agents that do not ordinarily cause human disease) or Level 2 (involving specific combinations of work practices, safety equipment and facilities appropriate for infectious agents that can cause human disease, but whose potential for transmission is limited), as determined in accordance with the Guidelines of the U.S. Centers for Disease Control. 1-8-19 – Amendments Recommended by ZAC: Educational uses; Indoor recreation; Accessory retail; Car wash 4 (13) Educational uses/vocational schools. (14) Indoor recreation uses. (15) Retail uses which are accessory to a manufacturing use located within the Industrial A District. The area of such retail use shall not exceed 5,000 square feet. B. Any uses not so permitted are excluded unless otherwise permitted by law or the terms of this article. § 210-35. Uses allowed by special permit. A. The following uses shall be allowed in an IA District upon the grant of a Special Permit by the Board of Appeals. (1) Genetic, biological and chemical research centers, laboratories and manufacturing and processing plants with a Biosafety Level of Level 3 (involving specific combinations of work practices, safety equipment and facilities appropriate for infectious agents that may be transmitted by the respiratory route which can cause serious infection), as determined in accordance with the Guidelines of the U.S. Centers for Disease Control. (2) Conference centers with or without a residential dormitory component. (3) Veterinary clinics. (4) Automobile and truck rental and repair, but not including automobile and truck sales. (5) As an accessory use, facilities for storage of gasoline, kerosene, fuel oil, volatile gases and other such substances, except as otherwise prohibited by this Chapter. (6) Recycling centers; provided, however, that recycling activities are not located within 100 feet of a residential zoning district, and provided further that a buffer area containing natural material and forming an effective year-round screen between the recycling activities and the residential zoning district shall be required. (7) Continuing care retirement community/assisted living facility/nursing home facility. (7)(8) Car wash facilities that operate with sustainable and efficient use of resources. B. The following uses shall be allowed in an IA District upon the grant of a Special Permit by the Planning Board: (1) Registered Marijuana Dispensary (RMD). 1-8-19 –Amendments Recommended by ZAC: Educational uses; Indoor recreation; Accessory retail; Restaurants 1 ARTICLE VIIIA Industrial B (IB) District § 210-37.1. Development and design objectives. The zoning standards and controls in the Industrial B District are established to promote and maintain an ecological balance between the undeveloped natural resources, watersheds and residential neighborhoods in the Town and the new industrial buildings and uses that will be present in the area. As new buildings are developed, they should complement and enhance the natural beauty of the town. New industrial uses must recognize that the land abutting major highways will have two visual "front doors": the highway itself and the local roads. Buildings on such sites must be sited, planned, developed and maintained to present an attractive appearance from both directions. § 210-37.2. Size and setback requirements. A. The following size and setback requirements shall apply: (1) Minimum lot frontage: 200 feet. (2) Minimum lot area: 60,000 square feet. (3) Maximum lot coverage: 40%. (4) Maximum gross floor area: 50% of lot area. (5) Minimum setback from a property line abutting a street: 60 feet, which area must remain undeveloped and landscaped, except as hereafter provided. (6) Minimum side yard: 30 feet. (7) Minimum rear yard depth: 40 feet. B. Yard and setback exceptions: No building or structure shall be erected or altered to be within 60 feet of an RA, RB, RLF or A District line, or within 40 feet of the right-of-way line of Routes 90 and 495. § 210-37.3. Loading zone. Adequate off-street loading shall be provided only at the side or rear of the building. Such loading space shall be provided on the lot to service all loading requirements of the industry or use conducted thereon without requiring use of adjacent public streets, ways or required setback area thereof. § 210-37.4. Outdoor storage and/or display of merchandise or equipment. 1-8-19 –Amendments Recommended by ZAC: Educational uses; Indoor recreation; Accessory retail; Restaurants 2 No open storage or display shall be permitted in any setback area. All storage or displays must be adequately screened by a fence or landscaping so as not to be visible from any road or highway. No materials or equipment stored on a lot shall project above the eave line of the tallest building on the lot. § 210-37.5. Landscaping and Screening. A. All required setback areas shall be adequately and attractively landscaped with lawns and/or trees within one year of the completion of building construction on any lot and shall thereafter be maintained in an attractive manner. B. The minimum setback area to a residentially zoned district shall be maintained in a wooded state to provide effective year-round screening of abutting property. § 210-37.6. Limitation on principal front of buildings. The vertical distance, measured from the curb grade to the highest point of the principal front of a building or structure in the Industrial B District shall not exceed 45 feet. § 210-37.7. [Reserved] § 210-37.8. Uses permitted by right. A. The following land uses are permitted in an IB District. (1) Research and development; Research centers and laboratories. (2) Professional and medical offices. (3) Manufacturing, assembly or processing plants for the following types of industries, provided that none of the above activities in Subsection A(3)(a) through (k) will be offensive, injurious or noxious because of gas, dirt, sewage and refuse, vibration, smoke, fumes, dust, odors, discharge of harmful bacteria, radioactive material or chemicals into air, water or septic or site drainage systems, danger of fire or explosion, objectionable noise or other characteristics which are detrimental or offensive or which tend to reduce property values in the same or adjoining districts. (a) Food and kindred products. (b) Apparel and related products. (c) Electronic and electrical products. (d) Furniture and fixtures. 1-8-19 –Amendments Recommended by ZAC: Educational uses; Indoor recreation; Accessory retail; Restaurants 3 (e) Printing and publishing. (f) Lumber and wood products. (g) Paper converting products. (h) Primary and fabricated metal industries. (i) Machinery. (j) Transportation equipment. (k) Instruments and related products, or any other light manufacturing enterprise. (4) Warehousing for distribution. (5) Health club. (6) Landscaping business and storage/staging facility. (7) The preparation, packaging and warehousing for distribution of medical supplies for home intravenous therapy with accessory retail use, provided that the retail use occupies no more than 300 square feet of gross floor area in the aggregate on any one lot. (8) Accessory uses, including but not limited to cafeterias. (9) Building trade shop. (10) Health services facility. (11) Restaurants that contain no more than 100 seats and that are not open for business after 11:00 PM. This restriction on number of seats shall not apply to restaurants located within the Hotel Overlay District portion of the Industrial B District. (12) Retail stores not to exceed 2,000 square feet, located so as to provide for the convenience of the occupants of the immediate neighborhood, selling items such as groceries, prepared take-out food, toilet articles, cosmetics, candy, sundries, medications, newspapers, magazines and ice cream provided, however, that any such retail store may operate only between the hours of 6:00 A.M. and 10:00 P.M. (13) Genetic, biological and chemical research centers, laboratories and manufacturing and processing plants with a Biosafety Level of Level 1 (involving specific combinations of work, practices, safety equipment and facilities appropriate for infectious agents that do not ordinarily cause human disease) or Level 2 (involving specific combinations of work practices, safety equipment and facilities appropriate for infectious agents that can cause 1-8-19 –Amendments Recommended by ZAC: Educational uses; Indoor recreation; Accessory retail; Restaurants 4 human disease, but whose potential for transmission is limited), as determined in accordance with the Guidelines of the U.S. Centers for Disease Control. (14) Educational uses/vocational schools. (15) Indoor recreation uses. (16) Retail uses which are accessory to a manufacturing use located within the Industrial B District. The area of such retail use shall not exceed 5,000 square feet. B. Any uses not so permitted are excluded unless otherwise permitted by law or the terms of this article. § 210-37.9. Uses allowed by special permit. The following uses shall be allowed in an IB District upon the grant of a Special Permit by the Board of Appeals: A. Genetic, biological and chemical research centers, laboratories and manufacturing and processing plants with a Biosafety Level of Level 3 (involving specific combinations of work practices, safety equipment and facilities appropriate for infectious agents that may be transmitted by the respiratory route which can cause serious infection), as determined in accordance with the Guidelines of the U.S. Centers for Disease Control. B. Conference centers with or without a residential dormitory component. C. Parking Facilities for Public School Buses Serving Hopkinton Residents. D. Restaurants that contain more than 100 seats and are not located in the Hotel Overlay District, or are open for business after 11:00 PM. E. Veterinary clinics. F. Automobile and truck rental and repair, but not including automobile and truck sales. G. Facilities for storage as an accessory use of gasoline, kerosene, fuel oil, volatile gases and other such substances, unless prohibited elsewhere in this Chapter. H. Recycling centers, provided that such activities on the lot are not located within 100 feet of a residential zoning district, and a buffer area containing natural material will form an effective year-round screen between the industrial uses and the residential zone. I. Continuing care retirement community/assisted living facility/nursing home facility. J. Indoor recreation uses. 1-8-19 –Amendments Recommended by ZAC: Educational uses; Indoor recreation; Accessory retail; Restaurants 5 A. The following uses shall be allowed in an IA District upon the grant of a Special Permit by the Planning Board: (1) Registered Marijuana Dispensary (RMD). Amendment Recommended by ZAC 1-8-19: Educational Uses 1 ARTICLE IX Professional Office (P) District § 210-38. Development and design objectives. The Professional Office District is designed to accommodate the administrative, research and office uses which possess characteristics which are not detrimental to the owners and occupants of adjacent properties. The location and design of such professional office use should be such that it will not disturb residential neighborhoods or detract from the appearance of the Town and will result in the maintenance of an ecological balance between undeveloped natural resources and residential neighborhoods. § 210-39. Permitted uses. No new building or structure shall be constructed or used, in whole or in part, and no building or structure, or part thereof, shall be altered, enlarged, reconstructed or used, and no land shall be used in a Professional Office District for any purpose except one or more of the following: A. Professional offices, administrative offices, clerical offices, establishments for research and development or laboratories. B. Light manufacturing and/or assembly with associated professional, administrative and/or clerical offices for the following types of industries: (1) Electronic and electrical products. (2) Robotics and precision instruments. (3) Computer related products. (4) Printing and publishing. (5) Medical equipment and devices. (6) Telecommunications equipment and devices. C. Day-care center. D. Conference center. E. Agricultural and horticultural uses. F. Educational uses/vocational schools. Amendment Recommended by ZAC 1-8-19: Educational Uses 2 FG. Accessory uses customarily incidental to any use permitted herein, including but not limited to cafeterias, health clubs and automatic bank teller machines located within buildings on the site. Such accessory use shall not include restaurants open to the general public. § 210-40. Uses allowed by special permit. The following uses shall be allowed upon the grant of a special permit by the Board of Appeals: A. Genetic, biological and chemical research centers, laboratories and manufacturing and processing plants. B. Health services facility. C. Residential dormitory component of a conference center. § 210-41. Prohibited uses. Any uses not so permitted are excluded unless otherwise permitted by law or the terms of this Chapter. § 210-42. Dimensional requirements. The following size and setback requirements shall apply: A. Minimum development site area: five acres. The five acres may be comprised of individual lots of less than five acres which, when combined, will be considered to be one development site. Once the lots are combined to constitute a development site, there shall be no further subdivision of the site which would result in a development site of less than five acres. B. Minimum lot frontage for the development site on a public way: 50 feet. C. Minimum lot frontage within the development site: none, provided that the interior roads, which must provide adequate access for all buildings on the development site, shall not become public ways and are to be considered private access roads. Fifty feet of frontage is required for each lot if the roads are intended to be considered public ways. D. Minimum lot area for individual lots within the development site: none. E. Setback from development site property lines: (1) Minimum setbacks of buildings and parking areas from development site property lines: (a) One hundred feet from property line of property in a residentially zoned district. (b) Fifty feet from property line of a commercial or industrially zoned property. (c) Sixty feet from a street. Amendment Recommended by ZAC 1-8-19: Educational Uses 3 (2) The minimum setback area shall be landscaped and/or wooded so as to provide adequate year-round screening of the use from abutting property and streets. The minimum setback area required from a residentially zoned district shall remain undisturbed or, if previously disturbed, shall be planted and/or landscaped. Such area shall be wooded for the minimum required distance. F. Minimum setbacks of buildings from development site interior property lines and private access roads: none. G. Maximum building size: Total gross floor area of all buildings shall not exceed 60% of the total development site area. H. Maximum building height: No building or structure shall exceed 35 feet or three stories in height. I. A minimum of 40% of the development site shall remain undeveloped open land. § 210-43. Outdoor storage and/or display of merchandise or equipment. No open storage or display shall be permitted in any setback area. Storage or display areas shall be adequately screened by a fence or landscaping so as not to be visible from any road or highway. No materials or equipment stored on a lot shall project above the eave line of the tallest building on the lot. § 210-44. Off-street parking. The requirements of § 210-124, Off-street parking, shall apply. The Planning Board, in the site plan approval process, may, however, permit buildings within the development site to share parking areas and may permit a portion of the required spaces to be set aside as reserve or planned spaces to be constructed as future needs require. § 210-45. Open land. A. Adequate pedestrian access shall be provided to the open land. The open land may remain as part of the overall development site and need not be a separate parcel, but there shall be deed restrictions stating that there shall be no further development of the open land. The open land may consist of a separate parcel and may be conveyed to a nonprofit organization, the purpose of which is the preservation of open space. If the open land is conveyed to another entity, it shall continue to be part of the development site for the purpose of calculating dimensional requirements. B. The open land shall consist primarily of undisturbed land which may be used for outdoor active or passive recreational purposes and shall be planned as large, contiguous units wherever possible. If privately owned, the open land may be used solely by occupants of the development site or may be available for use by Town residents. The decision as to Amendment Recommended by ZAC 1-8-19: Educational Uses 4 whether to permit Town residents to use the open land shall be that of the property owner. The open land may be comprised of more than one parcel, provided that the size, shape and location of such parcels are suitable for the above purposes. C. Setback areas from exterior development site property lines of 100 feet or more may be counted as part of the open land. D. If detention or retention ponds are necessary for the construction of the buildings on the development site, such ponds shall not be located within the required setback areas, unless specifically permitted by the site plan approval. Such detention or retention areas shall be designed to appear as natural landforms. E. Areas set aside for planned or reserve parking spaces or fire lanes may not be considered to be open land. § 210-46. [Reserved] § 210-47. Design. Curb cuts on streets shall be minimized, and to the greatest extent possible, buildings shall be located away from streets and surrounding noncommercial or industrial uses. Parking lots shall include islands with shade trees. Buildings, roadways and parking lots shall be designed to accommodate the landscape and natural site features, and disturbance to the site shall be minimized so that as many trees and natural features are retained as possible. Outdoor lighting fixtures shall be shielded and directed to prevent illumination from falling onto adjacent lots and streets. § 210-48. Site plan review. The provisions of Article XX, Site Plan Review, shall apply. The site plan shall show the planned use of the entire development site. If development will be phased over time, a phasing plan shall be included. 1 Planning Board Annual Report – 2018 - DRAFT The responsibilities of the Planning Board are established by state law and by Town bylaws. They include preparing a Master Plan for the Town, recommending designation of scenic roads and administering the Scenic Roads regulations, review of and action on subdivision and approval-not-required plans pursuant to Massachusetts General Laws Ch. 41, adoption of Subdivision Rules and Regulations for the Town, review of and action on plans pursuant to several zoning bylaws including Open Space and Landscape Preservation Development, Commercial Solar, Garden Apartments in Residential Districts, Open Space Mixed Use Development Overlay District, Flexible Community Development, Site Plan Review, Neighborhood Mixed Use District, Off-Street Parking, Hotel Overlay District, and Common Driveways. The Board also issues Earth Removal and Stormwater Management Permits and develops and holds public hearings on proposed zoning articles and presents them to Town Meeting for adoption. Site Plan Review - Major Projects Approved: 3 Hopkinton High School, Bus Parking Lot – 90 Hayden Rowe The Trails at Legacy Farms (Wilson St./Legacy Farms North) – 180 age-restricted condominium units Maspenock Woods (West Elm St.) – modification of approved Garden Apartment Development site plan and building designs Site Plan Review – Minor Projects Approved: 2 84, 86, 88 & 92 West Main St. – Global Companies – Service Station/Convenience Store – Redevelopment Project 52 South St. – Dell/EMC – After the Fact Application – modification to approved Site Plan Scenic Road Applications: 15 2, 4, 6, 8 Saddle Hill Rd. – Saddle Hill Realty Trust 10, 12, 14, 16, 18, 20, 22 Saddle Hill Rd. – Saddle Hill Realty Trust 17 South Mill St. – Robert & Angela Rizzo Chamberlain St. – REC Hopkinton, LLC 120 Pond St. – Vincent D’Eramo 84 Spring St. – John Cardillo Approval-Not-Required Plans endorsed: 19 plans, creating 13 new building lots Stormwater Management Permits: 2 Wilson St./Cedar St. – Solar Facility – TJA Solar 55 Wilson St. – Secondary Access Road for LNG Facility – Eversource Energy Residential Subdivisions: 1 Chamberlain St./Whalen Rd. – 32 new building lots – REC Hopkinton, LLC 2 Earth Removal Permits granted: 1 253 Lumber St. – NESI Granite Quarry At the 2018 annual town meeting, the Planning Board sponsored several zoning bylaw/zoning map change proposals, and the following were adopted: Special Permit Duration – change from 2 to 3 years Statutory Protection for Building Permits & Special Permits – change from 6 to 12 months Fine for Zoning Violations – change from $100 to $300 per day Industrial A District Building Height – remove reference to number of stories Industrial B District Building Height – remove reference to number of stories Recreational Marijuana – repeal temporary moratorium on marijuana establishments, adopt new bylaw prohibiting some types of recreational marijuana establishments Board members represented the Planning Board on the Zoning Advisory Committee, Community Preservation Committee, Open Space Preservation Commission, Design Review Board, and the Center School Reuse Advisory Team. The Board thanks members John Ferrari, Cliff Kistner, Irfan Nasrullah and Kelly Karp who left the Board this year, for their time and contributions during their service. Principal Planners Jennifer Burke and Georgia Wilson left their position this year to pursue other opportunities, and the Board thanks them for their service and contributions to the Town. The Board also would like to thank members of the public for their participation and input at the meetings. The input is very valuable to the members during deliberations and in reaching our decisions, and it improves the process. Muriel Kramer, Chairwoman Francis DeYoung, Vice Chairman Francis D’Urso David Paul Amy Ritterbusch Mary Larson-Marlowe Carol DeVeuve Gary Trendel Deborah Fein-Brug DATE OF MEETING DEADLINE DATE OF MEETING DEADLINE January 14, 2019 January 8, 2019 July 8, 2019 July 2, 2019 January 28, 2019 January 22, 2019 July 22, 2019 July 16, 2019 February 11, 2019 February 5, 2019 August 12, 2019 August 6, 2019 February 25, 2019 February 19, 2019 August 26, 2019 August 20, 2019 March 11, 2019 March 5, 2019 September 9, 2019 September 3, 2019 March 25, 2019 March 19, 2019 September 23, 2019 September 17, 2019 April 8, 2019 April 2, 2019 October 7, 2019 October 1, 2019 April 22, 2019 April 16, 2019 October 28, 2019 October 22, 2019 May 13, 2019 May 7, 2019 November 25, 2019 November 19, 2019 June 10, 2019 June 4, 2019 December 9, 2019 December 3, 2019 June 24, 2019 June 18, 2019 December 23, 2019 December 17, 2019 All meetings begin at 7:30 pm at Hopkinton Town Hall, 18 Main Street, Room 215 unless otherwise posted. TOWN OF HOPKINTON PLANNING BOARD 18 MAIN STREET HOPKINTON, MA 01748 Phone (508) 497-9745 PLANNING BOARD MEETING DATES & DEADLINES ALL MATERIALS TO BE INCLUDED IN BOARD PACKAGES AND CONSIDERED AT A MEETING MUST BE RECEIVED IN THE LAND USE PLANNING & PERMITTING OFFICE ON OR BEFORE 5:00 PM THE TUESDAY PRIOR TO THE MEETING . THIS IS PRIMARILY FOR SUPPLEMENTAL INFORMATION ONLY. APPLICATIONS WILL HAVE EARLIER DEADLINES FOR ADVERTISING PURPOSES. 1/7/2019 Town of Hopkinton, MA Mail - Leonard Street - Drainage Catch Basin https://mail.google.com/mail/u/0?ik=dbd2da471e&view=pt&search=all&permmsgid=msg-f%3A1621957933812227825&simpl=msg-f%3A16219579338…1/2 Elaine Lazarus <elainel@hopkintonma.gov> Leonard Street - Drainage Catch Basin Lou Petrozzi <lou@wallstreetdevelopment.com>Sun, Jan 6, 2019 at 7:05 PM To: Elaine Lazarus <elainel@hopkintonma.gov> Cc: Phil Paradis <PParadis@beta-inc.com>, "robert.truax" <robert.truax@glmengineering.com>, Chris Timson <ctimson@timsonlaw.com>, Don MacAdam <dmacadam@hopkintonma.gov> Hi Elaine, Hope you had a nice Christmas and New Year! Following our meetings with the Planning Board and Conservation Commission on 12/17 and 12/18, GLM Engineering and myself conducted a site walk during the rainstorm on Friday, 12/21. Although this was not a major rain event, it was hoped the additional observations would be helpful to further understanding the exiting conditions at the property. What was observed was very disturbing! The amount of water that is discharging onto Wall Street's property was overwhelming and much more significant than previously thought. Not only is water discharging onto the property from the through the catch basin in public portion of Leonard Street, the entire surface runoff from the Box Mill subdivision is running into the Leonard Street catch basin, along with several basement sump pumps. This is causing Wall Street's property to be inundated with unauthorized runoff. Attached for your reference are some photos showing the amounts of water being allowed to discharge on the property. Based on these observations and a review of the plans and stormwater report for Box Mill subdivision, it appears that this subdivision roadway and stormwater system was not constructed and is not functioning as designed. Therefore, it is requested that the planning board conduct a review of the subdivision plans, reports and other materials to see if stormwater system is functioning properly. Thank you for your attention and consideration in this matter. Lou Petrozzi -- Lou Petrozzi, President Wall Street Development Corp. 2 Warthin Circle Norwood, MA 02062 O. 781-440-0306 F. 781-440-0309 www.wallstreetdevelopment.com 3 attachments Leonard Street(2) 12-21-18.jpg 7013K 1/7/2019 Town of Hopkinton, MA Mail - Leonard Street - Drainage Catch Basin https://mail.google.com/mail/u/0?ik=dbd2da471e&view=pt&search=all&permmsgid=msg-f%3A1621957933812227825&simpl=msg-f%3A16219579338…2/2 Leonard Street(4) - Catch Basin - 12-21-18.jpg 4458K Leonard Street(7) - Culvert - 12-21-18.jpg 7269K CM I 2.0 AICP members can earn 2.0 Certification Maintenance (CM) credits for this activity. More information about AICP’s CM program can be found at www.planning.org/cm Cosponsored by the Middlesex Conservation District and the Citizen Planner Training Collaborative Hosted by Middlesex Conservation District and made possible through a Conservation District Innovation Grant from MA Executive Office of Energy and Environmental Affairs Growing Locally Open Space, Farms & Housing: Is There Room for All? Learn and discuss how we can address the increasing demands on the limited amount of land to support a range of community interests - from affordable housing to open space preservation – at this free workshop Light refreshments provided Speakers include: Jennifer Hashley, Director, New Entry Sustainable Farming Marianne Iarossi, Senior Planner, Framingham Will Naser, Assessor, Framingham Kathy Sferra, Conservation Planner, Stow Peter Berry, Selectman, Community Preservation Committee, Acton Tom Tidman, Natural Resource Director, Acton WHEN Wednesday, February 13, 2019 3:00 – 5:00PM WHERE Acton Town Hall WHO Open to the Public Selectmen, Planning Boards, Conservation Commissions, Open Space Committees, Farmers, Conservation Professionals, Interested Citizens RSVP required: workshopMCD@yahoo.com Please register by February 8, 2019