HomeMy Public PortalAbout20190708 - Planning Board - Meeting MinutesHOPKINTON PLANNING BOARD
Monday, July 8, 2019 7:00 P.M.
Town Hall, 18 Main St. Hopkinton, MA
MINUTES
MEMBERS PRESENT: Muriel Kramer, Chair, Gary Trendel, Vice Chair, Mary Larson-Marlowe, Amy
Ritterbusch, Deborah Fein-Brug, David Paul, Robert Benson
MEMBERS ABSENT: Frank D'Urso, Patrick Atwell
Present: John Gelcich, Principal Planner; Cobi Wallace, Permitting Assistant
____________________________________________________________________________
Ms. Kramer opened the hearing at 7:00 P.M.
●Continued Public Hearings - Bucklin Street/Leonard Street - 1) Stormwater Management
Permit; 2) Petition to Construct Bucklin Street - Wall Street Development Corp.
Lou Petrozzi, Wall Street Development Corp., applicant, appeared before the Board. Ms.
Larson-Marlowe moved to open the public hearings, Ms. Fein-Brug seconded the motion, and the Board
voted unanimously in favor. It was noted both applications require a simple majority for approval, and all
members here tonight are eligible to vote, except for Mr. Benson who is however allowed to participate.
Mr. Petrozzi noted he has provided an updated list of waivers from the Subdivision Rules & Regulations
as requested, and the Board proceeded to review each item individually.
Waiver #1 - Section 5.4 – Environmental Analysis. Mr. Petrozzi stated the proposal is under review by
the Conservation Commission (ConCom) and therefore an environmental analysis is not needed. Phil
Paradis, BETA Group, Inc., the Board’s consultant engineer, stated he feels this will be captured via the
Stormwater Management Permit and conservation review. Mr. Petrozzi noted the Commission is also
weighing in on the Petition but they are waiting for the Planning Board’s decision on the final plan, and the
public hearing has been continued to tomorrow. Ms. Fein-Brug stated she is not sure what should come
first, but she would like to see what the Commission has to say in view of concerns about drainage onto
other property. Mr. Trendel moved to grant the waiver subject to ConCom approval, Ms. Fein-Brug
seconded the motion, and after further discussion the Board voted unanimously in favor.
Waiver #2 – Section 5.4 – Traffic Impact Report. Mr. Petrozzi stated the project only proposes 4 more
homes at the most and would not have a significant impact on the Pleasant St./Bucklin St. intersection
with adequate sight line distance in either direction, so he is asking for a waiver. Board members noted
that Pleasant St. is a busy street but 4 more homes should not be a problem. Ms. Fein-Brug asked if
traffic reports address hours of construction, and it was noted it would fall under the Town’s general
bylaws. Mr. Gelcich suggested addressing this in the Construction Management Plan or Operations &
Management Plan, and it was agreed to add a note to that effect. Mr. Paul moved to grant the waiver,
Ms. Larson-Marlowe seconded the motion, and the Board voted unanimously in favor.
Waiver #3 – Section 8.2.1.G – Property Lines/Pavement Rounding at Street Intersections. Mr. Petrozzi
stated he is not familiar with this regulation but wanted to formally include the waiver because of the
nature of the Pleasant St./Bucklin St. intersection. Ms. Kramer stated she imagines the same would be
true for the Bucklin St./Maple St. Ext. intersection. Mr. Paradis stated this standard typically allows the
sidewalk to follow the curb line within the right of way, but in this case the applicant does not own the
property. Ms. Larson-Marlowe asked if this affects the turning radius for emergency vehicles, and Mr.
Paradis noted autoturn templates would take this into consideration and in this case there is no sidewalk
there so they can go up to the property line. Mr. Paradis noted in cases like this where the right of way
was created before the Subdivision Control Law was adopted, it is not possible to fit everything in so the
only option is a waiver or an easement from the neighbors. Mr. Trendel asked if the waiver would mean
more if there is a sidewalk, and if requiring the rounding would have more impact on the abutters. Ms.
Ritterbusch suggested discussing this item as part of the sidewalk discussion, and Ms. Kramer stated that
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would make sense. Mr. Paul asked why this is an issue, and Mr. Petrozzi stated he does not have the
answer, however he cannot comply with this regulation but is able to satisfy the requirements of the Fire
Dept. Mr. Gelcich noted he has no further comments.
Peter Barbieri, attorney, representing the abutters at 60 and 62 Pleasant St., noted he understands the
plan now includes additional improvements on Maple St. Ext. which was not part of the original
application, and he questions how this aspect can go forward without signatures from the property owners
involved without a legal ad and notice to abutters. Mr. Barbieri noted he has no issues with the first 2
waiver requests discussed tonight, but he does not think there is any reason to waive construction
standards, at least not beyond the 1st 220 ft. of roadway where the applicant owns all the land. He noted
the first 220 ft. or so is a different story, assuming the applicant has rights there. He noted he is opposed
to the use of porous pavement without a specific, recorded, agreement and maintenance budget, from his
clients' perspective and also that of the Town. Mr. Paul agreed the approach to the first 220 ft. is a matter
of discussion, but the applicant has control over the rest of the property and should be asked to comply
there.
Mr. Petrozzi stated the Maple St. Ext. emergency connection will be accomplished through an easement
and is not adding land to the original plan, as claimed by Mr. Barbieri, and Ms. Kramer asked about
documentation to back up this arrangement. Mr. Petrozzi stated it is not available yet but it has been
done like this before, and Ms. Kramer noted they have to focus on this particular application. Mr. Petrozzi
noted as mentioned before they are making quite a few changes to improve safety and fire protection,
and that is all part of the agreement. Ms. Kramer noted the plan at least partially hinges on a signed
agreement and she would like to see it, and Mr. Petrozzi noted there is a confidentiality aspect but he will
discuss this with the other parties. Mr. Petrozzi noted, based on the extent of improvements made to the
benefit of the homeowners and the Town, he does not feel it is necessary to amend the application
because it concerns an existing right of way and he is simply obtaining their permission in exchange for
lack to objection to his proposal. Mr. Paul suggested asking for a copy of the agreement, perhaps without
financial or other confidential details, and Mr. Petrozzi stated he will email it to the office tomorrow. Mr.
Paul moved to grant the waiver subject to documentation from the applicant that he has the right to
construct the roadway through private property, Ms. Fein-Brug seconded the motion, and the Board voted
unanimously in favor.
Mr. Trendel moved to continue the public hearings to later this evening and open the continued public
hearings for Whisper Way. Ms. Larson-Marlowe seconded the motion, and the Board voted unanimously
in favor.
●Continued Public Hearings – Whisper Way OSLPD (Whisper Way/Wood Street) – 1)
Amendment to Special Permit Concept Plan; 2) Definitive Subdivision Plan – 20th Century
Homes
Ron Nation, 20th Century Homes, applicant, Elizabeth Mainini and Dan Hazen, Guerriere & Halnon, Inc.,
engineers, appeared before the Board. Ms. Kramer asked if there is anything new, and it was noted the
applicant submitted additional documentation just tonight. Ms. Kramer stated the Board needs to stick to
the Tuesday-before-the-meeting deadline from a public access/impact viewpoint. She noted the applicant
can introduce the new materials but the Board still needs the opportunity to review and react to it. Ms.
Mainini noted they were hoping for a vote tonight and the latest changes are fairly straight forward, and it
was noted that the Board would never vote on the application at this point under these circumstances.
Mr. Hazen introduced the documentation submitted tonight, including a rendering showing the turning
radius plans based on templates provided to them by the Fire Dept., as well as a budget for the
Operations & Maintenance plan. Ms. Kramer asked how the new rendering is different from previously
submitted plans, and Mr. Hazen stated the driveways have changed a little but other than that the concept
is the same. Mr. Trendel asked why this could not have been submitted in time, especially since the
changes appear to be quite simple. Reference was made to the Administrative Rules of the Planning
Board, and new material received after the deadline can technically not even be introduced or discussed.
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It was agreed to hold off on the new materials and instead review the documentation already reviewed by
BETA. It was noted the Board discussed the requests for waivers from the Subdivision Rules &
Regulations and Zoning Bylaw but did not vote on them yet, and Mr. Gelcich referred to his memo to the
Board for a comprehensive list. Ms. Kramer thanked Mr. Gelcich for organizing the information and
noted she would like to take this opportunity to let him know he is doing an excellent job. The Board
discussed and voted on each waiver request individually.
Waiver #1 – Section 5.4.1.N - Cross Sections of Each Street at 50 ft. Intervals. Ms. Kramer stated she
feels this would not be an issue as long as BETA is ok with it. Ms. Mainini stated they provided cross
sections for 4 specific locations, as requested, and BETA was satisfied. Ms. Larson-Marlowe moved to
grant the waiver, Ms. Ritterbusch seconded the motion, and the Board voted unanimously in favor.
Waiver #2 – Section 5.4.1.R - Show Trees to be Retained in the Right of Way. Ms. Mainini noted there
won’t be any trees to be retained so the Board was not sure whether this waiver was needed. After
further discussion, Mr. Trendel moved to grant the waiver, Ms. Larson-Marlowe seconded the motion, and
the Board voted unanimously in favor.
Waiver #3 – Section 5.4.1.Y - Street Light Locations. Ms. Mainini noted based on the previous discussion
it was felt that street lights are not required. Mr. Paul and Ms. Kramer noted they have mixed feelings.
Mr. Paul stated he likes soft lighting throughout the neighborhood and although street lights may not be
necessary, street “lamps” would be another issue but have not been required before. Ms. Kramer asked
Stephen Slaman, Fire Chief, to comment considering this is a development with a long dead-end street
and very long driveways. Chief Slaman noted he personally feels any lighting is helpful but it is not a
requirement under the Fire Dept. regulations. He noted he talked to the Police Dept. about this, and they
know there are standards for more urban areas but are not aware of any such regulations for Hopkinton.
Ms. Fein-Brug stated she feels the homeowners can make their own decisions on additional lighting, and
she is not in favor of full-blown street lighting. She suggested lights in specific areas and in moderation -
just enough to make sure vehicles can safely navigate. She noted she is talking about bollard-type,
dark-sky friendly lights for wayfinding purposes only perhaps at the end of the driveways. Mr. Trendel
asked for guidance on this specific regulation, and stated it is the Board’s job to enforce the regulations if
there is a good reason. Mr. Benson stated he cannot vote on these applications, but Hopkinton
neighborhoods as a rule don’t have street lights and he feels enforcement in this case does not make
sense. Ms. Kramer noted she tends to agree, however it is one of the requirements and has to be
confronted each time. Ms. Ritterbusch noted the waiver is from having to identify the locations of street
lights, and she would like to suggest lower a level light for each house as typically seen at the end of a
driveway. After further discussion, Ms. Ritterbusch moved to grant the waiver with the condition that the
developer provide low level, dark-sky compliant street lighting at the end of each driveway for wayfinding
purposes. Ms. Fein-Brug seconded the motion, and the Board voted unanimously in favor.
Waiver #4 – Section 8.2.6.A - Side Slopes. Ms. Mainini noted there are a lot of steep areas and the
waiver would allow them to minimize the clearing required for road construction. Ms. Kramer stated she
would be amenable to the request, and sees that the applicant has complied with BETA’s request for
additional information. Mr. Trendel noted he is curious about the impact on side slopes with the original
24-lot/loop road plan, and Ms. Mainini noted the requirement would have applied to more areas just
because of the sheer length of the road. Ms. Ritterbusch moved to grant the waiver, and Mr. Trendel
seconded the motion. After further discussion, the Board voted unanimously in favor of the motion.
Waiver #5 – Section 8.2.7.A - Disturbance to Natural Topography. Ms. Mainini noted the waiver is
requested because the existing Whisper Way exceeds the maximum slopes at the entrance, and in order
to meet the required slope for the new section they have to fill more than 8 ft. to facilitate the crossing at
the vernal pool and construct retaining walls. In response to a question of Ms. Fein-Brug, Ms. Mainini
provided additional construction details and noted the ConCom has reviewed the plan thoroughly and is
close to approval. It was noted they are going back to the ConCom on July 9. Ms. Fein-Brug noted the
plan does not show filters or landscape fabric, and Ms. Mainini stated, because of the height, the wall has
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to be designed by a structural engineer and requires a building permit and the plan details are for display
purposes only. Ms. Fein-Brug moved to grant the waiver, Ms. Larson-Marlowe seconded the motion, and
the Board voted unanimously in favor.
Waiver #6 – Section 8.2.7.B - Disturbance to Natural Topography – Areas with Slopes in Excess of 25%.
Ms. Mainini noted this waiver is similar to the previous one but specific to the detention basin. She noted
BETA proposes a requirement for an impervious barrier, similar to what is done for septic systems. Ms.
Fein-Brug asked for clarification, and it was noted it is a plastic barrier, not a filter, to be installed in the
center of the berm as shown on one of the detail sheets. She noted she is not a fan of introducing plastic
or allowing slopes in excess of the requirements around wetlands. Ms. Mainini noted the ConCom is
reviewing this and their only concern is the wetlands. Ms. Fein-Brug stated she is not comfortable with
the design as proposed and stated granting the waiver should include ConCom approval as a condition,
based on some recent horrible experiences with failures to stabilize a site. Mr. Trendel noted BETA was
comfortable with the change, so he is ok with the waiver, and other Board members agreed. Ms.
Fein-Brug asked how this situation would relate to the mudslide at the Trails at Legacy Farms. Mr.
Paradis stated that particular event involved poor soils with high fines content, and in this case they are
building a berm presumably using material suitable to sustain a 2:1 grade, but they could require them to
provide matting in addition to the barrier itself. He noted he has gone back and forth with the applicant's
engineer, and it is not an ideal situation, but he does not foresee any problems assuming proper
constructing and loaming/seeding as required. After further discussion of the benefits of matting, Mr.
Trendel moved to grant the waiver with the condition that erosion control fabric is used in addition to a
barrier, Ms. Fein-Brug seconded the motion, and the Board unanimously in favor.
Waiver #7 – Section 8.4.10 – Stormwater Basin Embankments. Ms. Mainini stated based on their
experience she is not sure she understands the reason for the requirement and the detention basin is in
the best possible location but they decided it would be better to ask for the waiver. Ms. Kramer asked for
Mr. Paradis' input, and Mr. Paradis noted some small towns have this requirement for septic systems and
sometimes even require detention basins on separate lots, and perhaps there was a big reason for it here
at the time the rule was included. Mr. Paul moved to grant the waiver, Ms. Larson-Marlowe seconded the
motion, and the Board voted unanimously in favor.
Waiver #8 - Perimeter Buffer Requirement (Open Space Preservation Landscape Development (OSLPD)
Bylaw, Section 210-113.C.1). It was noted the applicant wants a waiver from providing the required 100
ft. perimeter buffer from abutting properties. It was stated the proposed subdivision has a roadway within
the 100 ft. buffer and in another location they would be unable to meet Board of Health regulations. Ms.
Kramer referred to a BETA comment, and asked if the plan still shows the "spur" connecting the site to
another parcel of land. Mr. Hazen noted this refers to a small section of land going to a 5-acre parcel in
the back for possible future use. Ms. Mainini noted in this particular case it concerns separation from Rt.
495 and more Town-owned open space. Ms. Kramer asked if granting the waiver would accommodate
the “spur” in any way, and Ms. Mainini stated yes. Ms. Kramer stated she has an issue with that because
the the open space bylaw is not intended to necessarily open up other big pieces of property that are not
being contemplated at the same time. Mr. Trendel asked if granting the waiver would impact any private
property, and Ms. Mainini noted the area below the "spur" is technically private property, but it is owned
by the applicant. Ms. Kramer stated she feels the Board in that case should know what is being
contemplated there. It was agreed that discussion of this waiver would be put on hold for now.
Waiver #9 - Lot Frontage Depth (Open Space Preservation Landscape Development (OSLPD Bylaw,
Section 210-111). Ms. Mainini noted typically in this type of development setbacks are reduced and
everything is clustered close to the road to maximize the open space on the outside, however here
because of steep slopes they are clustering the homes away from the road. Ms. Kramer asked if the
Board can waive the requirement, and Mr. Gelcich stated he will look into it. Mr. Trendel noted the Board
earlier asked for clarification regarding the intent of the regulations they are being asked to waive, and he
asked Mr. Paradis for input. Mr. Paradis stated he thinks it is to promote uniform lots while keeping the
amount of disturbance to a minimum, however this is a unique situation with specific challenges and
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without the waiver the applicant may have to reduce the number of lots to 6. Mr. Gelcich stated the
requirement is included to avoid pork chop lots but the Planning Board has the ability to grant a waiver as
part of the concept plan. Ms. Kramer stated granting the waiver in her opinion would be a precedent
setting decision, and although personally she likes the subdivision design, she would like the Board to
consider how much it would like it in other cases. Ms. Larson-Marlowe noted she does not feel granting
the waiver would set a precedent because the request is very specific to this property and the developer
in collaboration with the Planning Board has done a good job in terms of preservation of open space and
natural features. Mr. Benson stated he is not eligible to vote but would vote "no" on this waiver because
as a Board they should not diminish the zoning bylaws in terms of land use. The Board paused the
conversation to open and continue the next scheduled public hearing.
●Public Hearings - 0 Wood St. - Commercial Solar Photovoltaic Installation: 1) Special Permit
Application; 2) Stormwater Management Permit Application - Borrego Solar
Ms. Fein-Brug moved to open and continue the public hearings after the conclusion of the Whisper Way
discussion, Ms. Ritterbusch seconded the motion, and the Board voted unanimously in favor.
●Continued Public Hearings – Whisper Way OSLPD (Whisper Way/Wood Street) – 1)
Amendment to Special Permit Concept Plan; 2) Definitive Subdivision Plan – 20th Century
Homes
Waiver #9, Lot Frontage Depth, Continued Discussion. Mr. Paul stated he has concerns about the layout
of the development in general from a safety standpoint, and would like the Fire Chief to comment on this
issue. He asked for clarification on the regulations with respect to driveways, and it was noted there is no
limit on the length of the driveways, and common driveways are allowed in open space developments.
Ms. Fein-Brug stated the Board is putting off a few other items any way and suggested doing the same for
this waiver request based on comments made tonight. Ms. Mainini stated she is ok with passing over the
perimeter buffer for now, but she would really like the Board to grant the waiver for lot frontage depth,
because reconfiguring the lots to meet this requirement would involve a significant amount of work. Mr.
Nation stated they have developed a plan that would allow them to meet the requirements but it would
have more wetlands impact and make a mess of this, and this type of situation is anticipated in the bylaw
with a provision for a waiver. Mr. Trendel asked if compliance with the provision will impact the number of
homes, and Mr. Nation stated no, and it won't be a problem visually, but it will just make things more
difficult. After further discussion, Ms. Ritterbusch moved to grant the waiver, Mr. Trendel seconded the
motion, and the Board voted 2 in favor (Ritterbusch, Larson-Marlowe) and 4 opposed (Kramer, Trendel,
Fein-Brug, Paul). Mr. Trendel moved to continue the public hearings to August 12, 2019 and extend the
decision deadline for the definitive subdivision application to August 19 by mutual agreement, Ms.
Ritterbusch seconded the motion, and the Board voted unanimously in favor. It was noted that Planning
Board meetings from now on will start at 7:30 P.M. with no specific times for each hearing or discussion.
The Board took a 5 minute break.
●Other Business
Mr. Gelcich stated the Planning Board may have to start meeting in a different location at some point in
the future, with the Library as a possibility.
●Continued Public Hearings - 0 Wood St. - Commercial Solar Photovoltaic Facility - 1) Special
Permit; 2) Stormwater Management Permit - Borrego Solar
Matt Swansburg, project manager, and Brandon Smith, civil engineer, Borrego Solar, appeared before the
Board. Mr. Swansburg stated he appreciates Mr. Gelcich's help in facilitating a peer review, and they
received BETA's review letter last Friday but did not yet have an opportunity to address their comments.
Mr. Smith described the current conditions of the site which is partially wooded and used for a variety of
purposes, including greenhouses up north, a sand and gravel operation in the west, and a cell tower in
the east. He stated the proposed solar installation will be split into 3 separate sections. He noted the
panels will be mounted on galvanized steel racking anchored into the soil, and installation will not require
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a lot of earth work. He stated the arrays are connected to 2 electrical equipment pads with transformers
in various locations, which are then in turn connected to the interconnection point off Wood St. He noted
the project will require some tree clearing and they are proposing soil restoration in some areas. He
noted there will be a 7 ft. chain-link perimeter fence with a vehicle gate to access the interior areas for
maintenance and potential equipment replacement. He noted access to the facility is over an existing
hard-packed sand/gravel road (Mechanic St.) in good condition although they will need to install a
turnaround area for emergency vehicles. Mr. Smith noted the interconnection will be underground as
much as possible but a waterline easement on the property will require the utilities to go overhead in one
section, and they will be working with the owner of that piece. He noted the interconnection point will be
near Wood St. and they plan to use an existing garage and parking area for that purpose. He stated
every effort will be made to keep the equipment pad mounted underground as much as possible.
Mr. Gelcich stated he reviewed the application and the arrays appear to meet the bylaw requirements.
He noted it concerns previously disturbed areas although some additional clearing is needed and he
recommends keeping that to a minimum. He noted he would like to see anticipated views from Wood St.
and Mechanic St. to see how it will look like from the street and neighboring properties but it is not a
requirement. He noted this involves Chapter 61 land, and he asked whether the applicant intends to buy
or lease the site, and it was noted Borrego Solar will only lease the section of the site proposed for the
arrays. Ms. Kramer stated Chapter 61 land enjoys a lower tax rate for specific reasons. She noted she is
not sure whether legally any of that is meant to cover commercial solar installations but typically the Town
would have the right of first refusal if the land is being sold. Mr. Gelcich noted he will talk to Town
Counsel, however the Select Board has heard from the developer and discussed the project at their
meetings expressing an interest in purchasing the land. He noted it was stated the land is uphill from the
Town wells and abuts the Town-owned Fruit St. property but the impact of a solar facility would be limited
compared to that of other uses. Ms. Kramer stated she knows it was discussed by the Select Board but
she is not sure whether the impact on Chapter 61 protection was addressed. Mr. Swansburg stated that if
the lease applies to a portion of Chapter 61 land, then protection is removed and taxes are rolled back on
that portion only, and that is what Borrego Solar would be interested in doing. Ms. Kramer stated that
appears to circumvent the Town's opportunity to buy the land and they need an answer to that question
from the Town's legal team. Mr. Gelcich noted the Open Space Preservation Committee also reviewed
the matter and is interested in purchasing the property.
Ms. Kramer stated the land does not appear to have the necessary frontage on Wood St. although that
may be a question for the Board of Appeals. Mr. Gelcich stated they can use frontage on a private way,
which would be Mechanic St. in this case. Ms. Kramer stated this could be a difficult issue to overcome.
Mr. Paradis introduced Stephen Borgatti, BETA Group, Inc., staff engineer. He noted Mr. Borgatti has
worked on a number of solar facilities himself and reviewed this project for BETA on behalf of the Board.
Mr. Borgatti noted his first comment is related to the proposed equipment area at 5 Mechanic St. in a
former garage off Wood St. He noted the regulations require any portion of the array to have a sufficient
visual buffer and although the Board may waive the requirement, this equipment will specifically be visible
from Wood St. under existing conditions. He noted the bylaw stipulates minimizing clearing to the extent
possible, but although this will obviously be part of the project, the applicant is proposing doing this close
to resource areas and buffer zones. He noted the applicant proposes to regrade the site to 20% or less,
which would have a significant impact in terms of stormwater, but the plans do not show actual contours
and he would like to see additional details. Reference was made to BETA's comment letter to the Board,
and Mr. Borgatti listed a number of stormwater related comments and recommendations. Ms. Kramer
thanked Mr. Borgatti for his input, and encouraged the applicant to respond to BETA as soon as possible.
She asked about zoning compliance, and Mr. Borgatti stated the project requires at least 200 ft. of
frontage on a road with a right of way, but he is not sure if Mechanic St. qualifies because based on the
GIS maps it does not actually have a right of way and appears to be part of one of the lots. Mr. Kramer
suggested the applicant contact the Town's Building Inspector/Zoning Enforcement Officer for his opinion,
and if he is satisfied the Planning Board will be too. Ms. Kramer asked for input on the public hearing
outline prepared for this application.
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Chief Slaman noted the applicant proposes using a storage facility for the utility equipment at the
interconnection point, and he is not sure whether the Fire Dept. has faced that type of situation in the
other solar projects it reviewed for the Board.
Paul Larter, 230 Wood St., noted the applicant proposes to locate the utility equipment off Wood St. and
this will have to be reviewed by the Woodville Historic District Commission (WHDC). Ms. Kramer noted
she will add the issue to the outline, although it is not up to the Planning Board to decide and will have to
be figured out by the applicant and the abutters. Ms. Ritterbusch asked that the application be forwarded
to the WHDC.
The Board scheduled a site walk on Saturday, July 20, 2019 at 9:00 A.M. starting on Mechanic St. at the
beginning of the gravel pit.
Ms. Ritterbusch stated both sides of Wood St. in this area are in the historic district, and the applicant
stated they will look into it. Mr. Paul referred to the requirement for everything to be underground, and
asked if it will be possible to go underneath the water line, and Mr. Swansburg noted he is not sure and
will talk to the easement owner. Ms. Kramer stated she would like the Board's support for setting up a
meeting with the Town Manager, Select Board Chair, Town Counsel, and Mr. Gelcich to discuss the
Chapter 61 implications in more detail, and asked Mr. Gelcich to schedule a meeting on a Tuesday late in
the afternoon.
Mr. Paul moved to continue the public hearings to August 12, 2019 at 7:30 P.M. and extend the decision
deadline for the Stormwater Management Permit only to August 19, 2019. Ms. Ritterbusch seconded the
motion, and the Board voted unanimously in favor.
●Growth Study Committee (GSC) Interviews
It was noted they received three statements of interest to fill 3 at-large positions, but only one applicant is
here tonight. Ms. Kramer stated two Planning Board members have expressed interest in joining the
group, and there are two appointees from the Chamber of Commerce, namely Fin Perry and Chuck
Joseph. Fran DeYoung, 3 Doyle Ln., stated he is interested in serving on the Committee to help support
the Planning Board in its broader efforts to assess the past and plan for future growth. He noted he has
previously served on the Planning Board and the Zoning Advisory Committee which would give him a
unique perspective and the ability to contribute. Mr. Trendel moved to appoint Mr. DeYoung to the GSC,
Ms. Ritterbusch seconded the motion and the Board voted unanimously in favor. Mr. DeYoung stated he
is looking forward to working on this issue and is flexible as far as the meeting schedule is concerned.
The Board discussed a course of action with respect to additional openings. It was noted the other two
applications arrived after the deadline, and that it was clear that the interviews were scheduled for tonight.
It was noted that the Board would defer making the remaining at-large appointments until the other
applicants in question actually appear before the Board, and after further discussion it was decided to
re-advertise for the open at-large positions. It was noted the Board could start scheduling meetings in the
meantime. Mr. Trendel moved to appoint Ms. Ritterbusch and Ms. Kramer as Planning Board
representatives, Mr. Benson seconded the motion, and the Board voted unanimously in favor. Ms.
Kramer stated there are still two alternate seats available, and she asked if they could be filled by other
Planning Board members, and Mr. Gelcich stated it is not defined. The Board asked Mr. Gelcich to
schedule additional interviews on August 12, 2019 and post the openings for 10 business days as
required with Tuesday, August 6, 2019 listed as the cutoff date for applications, to coincide with the
regular deadline for Planning Board meetings. After further discussion, the Board asked Mr. Gelcich to
reach out to the current appointees to see if they can begin meeting either July 15, 2019, posting
requirements permitting, or on July 29, 2019. It was noted they have to make sure everyone is sworn in
before the meeting. Mr. Gelcich asked about a draft agenda, and Ms. Kramer made a number of
suggestions and stated she would follow up with him tomorrow.
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●MassDOT Forums regarding I-90/I-495 Interchange Improvements
Ms. Kramer referred to public forums scheduled this week on the proposed I-90/I-495 interchange
improvements. Mr. Gelcich noted he talked to the organizer and was told that this week's meetings are
by invitation only, but there is a meeting to be held in the Town Hall basement on July 25, 2019 at 6:30
P.M. which is open to the public. Ms. Kramer stated the proposed improvements aim to address safety,
traffic flow, etc. and the changes would be particularly interesting to the Rocky Woods Rd. and
Huckleberry Rd. neighborhoods. Ms. Kramer asked Mr. Gelcich to include a list of all upcoming sessions
in the meeting packet for the next meeting.
●Approval-not-Required (ANR) Plan - 19 John Matthew Rd. and 0 Elizabeth Rd. – Parsons
Joe Marquedant, J.D. Marquedant & Associates, Inc., surveyor, appeared before the Board. Mr. Gelcich
stated as a result of a Board of Appeals decision, in order for 19 John Matthew Rd. to have the minimum
required area for the Agricultural zoning district, the applicant has to transfer Parcel A from 0 Elizabeth
Rd. to 19 John Matthew Rd. He noted both Parcel A and 0 Elizabeth Rd. are marked as non-buildable
lots, and the plan appears to be entitled to endorsement. Mr. Marquedant noted he has nothing to add.
Ms. Ritterbusch moved to endorse the plan as not requiring approval under the Subdivision Control Law,
Mr. Trendel seconded the motion, and the Board voted unanimously in favor.
●Approval-not-Required (ANR) Plan – 300 Wood St. – 20th Century Homes/Sheehan
Mr. Gelcich noted the plan will subdivide 300 Wood St., creating 2 buildable lots, both with frontage on
Wood St. He noted the plan appears entitled to endorsement. Mr. Paul asked about a structure which
appears to be too close to the lot line, and it was noted it looks like a portion of it will be razed. Mr.
Gelcich noted the ANR plan approval process is only concerned with frontage and lot size and the
Board’s endorsement does not constitute conformance with zoning. Ms. Larson-Marlowe moved to
endorse the plan as not requiring approval under the Subdivision Control Law, Mr. Paul seconded the
motion, and the Board voted unanimously in favor.
●Approval-not-Required (ANR) Plan – 9 Morse Ln. – Capobianco
Joseph Capobianco, 9 Morse Ln., applicant, and Ray Capobianco, 7 Morse Ln., appeared before the
Board. Mr. Gelcich stated the plan will create a new conforming lot and a non-buildable parcel on Morse
Ln., with the non-buildable parcel to be conveyed and eventually combined with the adjacent lot into a
new lot. He noted the plan appears entitled to endorsement. After further discussion, Mr. Trendel moved
to endorse the plan as not requiring approval under the Subdivision Control Law, Ms. Ritterbusch
seconded the motion, and the Board voted unanimously in favor.
●Administrative Business – Minutes
The Board reviewed the draft Minutes of June 10, 2019. Mr. Trendel moved to approve the Minutes of
June 10, 2019, as written, Ms. Larson-Marlowe seconded the motion, and the Board voted unanimously
in favor.
●Approval-not-Required Plan – Leonard St. – Wall Street Development Corp.
Mr. Petrozzi returned to the Board to answer questions on this application. Mr. Gelcich stated the plan
does not propose to alter property lines or other aspects of the lot but shows Bucklin St. as a “way” which
the Planning Board earlier this year voted to determine it is not. He referred to an email from Rebekah
Lacey, Town Counsel’s office, dated July 8, 2019, and read her comments regarding this application into
the record. It was noted Ms. Lacey’s email also refers to a previous, similar ANR application for this
property submitted by Wall Street Development Corp. but which was withdrawn. Mr. Petrozzi noted the
current application is not meant to declare Bucklin St. as a way, but Leonard St. is a way in existence and
Bucklin St. predates the adoption of the Subdivision Control Law. He noted he submitted a plan showing
5 lots on Bucklin St. when he first started this process, but in discussions with Town Counsel he decided
to withdraw the application to avoid putting the Board under the 21-day ANR plan decision deadline. He
stated the current plan shows the lot as it exists now with frontage on Leonard St. and Bucklin St. and no
matter what happens with his other applications he is still entitled to build the road for future access if they
resolve the civil disagreements with the two Pleasant St. neighbors, or they can access the property from
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Leonard St. He noted he would prefer focusing on the stormwater permit application and the petition, and
Ms. Kramer stated the ANR decision is due tomorrow. Mr. Trendel stated Town Counsel’s guidance is
clear on this issue and he is personally ready to vote; other Board members agreed. Mr. Petrozzi noted if
the Board declines to endorse the plan, he would appeal the Board’s decision. The Board considered
extending the ANR decision deadline to August 12 to have an opportunity to get additional input from
Town Counsel, and Mr. Gelcich stated he would like to make sure that it is even a possibility. The Board
decided to continue with the Bucklin St. stormwater management and petition hearings in the meantime.
●Continued Public Hearings - Bucklin Street/Leonard Street - 1) Stormwater Management
Permit; 2) Petition to Construct Bucklin Street - Wall Street Development Corp.
The Board continued review of the updated list of waiver requests.
Waiver #4 – Sect. 8.2.2.A – Granite Curbing. Mr. Petrozzi stated the road is designed as a rural roadway
using no-impact drainage features and he is requesting a waiver of the requirement for granite curbing, as
well as a waiver from the requirement for modified cape cod berm under Sect. 8.2.2.C. He noted the
roadway is tilted so that the water drains into drainage swales as shown the plans. Board members
asked if lack of curbing or berms would have a negative impact on stormwater drainage, and Mr. Petrozzi
explained that curbing or berms would actually interfere with the system, and there really is no need for a
berm on the north side. Reference was made to Mr. Petrozzi’s request for a waiver from the required 40
ft. width of the right of way, and Mr. Petrozzi stated his right of way width is only 20 ft. in some areas with
stone walls on both sides. Board members noted they don’t remember stone walls on both sides, and on
top of that this is not a scenic road or a road in general. Mr. Paul noted he would be willing to
compromise on curbing on the south side for the sake of stormwater drainage but the north side should
comply with the standards. Ms. Larson-Marlowe stated that would definitely offer additional wetlands
protection, and Mr. Petrozzi stated there are no wetlands on the north side. Mr. Petrozzi noted there is no
room for a curb or sidewalk on the north. Mr. Paul stated Mr. Petrozzi owns the property and he asked
about the possibility of shifting the road, and Mr. Petrozzi noted that is easier said than done. Further
discussion followed and Mr. Petrozzi stated if the Board does not grant the waiver he will install a curb on
the north, but there is simply not enough room for a sidewalk. Ms. Kramer stated the applicant will be
constructing the road and should be able to make it work. Ms. Ritterbusch agreed they need curbing at
least on the north side, plus a sidewalk, and Mr. Petrozzi noted he will go along with it but does not know
how it will be built. Ms. Kramer clarified that the Board would be granting a waiver from either granite
curbing or a cape cod berm, but not both. It was noted the hearings will have to be continued at which
time they will continue reviewing the waiver requests, and by then they should know via hard
documentation that the applicant has the right to connect through Maple St. Ext. to create an emergency
connection.
Mr. Gelcich noted he could not find anything in Massachusetts General Law stating that a decision
deadline for ANR applications can be extended so he is not comfortable making a decision without talking
to Town Counsel first. He noted he therefore recommends the Board vote on the application tonight, or
alternatively the applicant can withdraw and resubmit at a later time. Mr. Petrozzi stated he will cooperate
and withdraw the application. Mr. Paul moved to allow the applicant to withdraw the ANR application for
Leonard St. without prejudice, Ms. Ritterbusch seconded the motion, and the Board voted unanimously in
favor.
Ms. Larson-Marlowe moved to continue the public hearings to August 12, 2019 at 7:30 P.M., with the
decision deadlines to be extended to August 19, 2019 with mutual agreement, Mr. Trendel seconded the
motion, and the Board voted unanimously in favor.
●Highland Park IV Subdivision (Stoney Brook Rd.) - Request for Lot Releases – Prime
Properties
Ken Marsters, and Ken Marsters Jr., Prime Properties, proponents, appeared before the Board. Mr.
Marsters noted for real estate tax reasons he asked the Board last year to release only a portion of the
lots, but it does not work that way in Hopkinton so he is requesting the release of the remaining 12 lots at
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this time. He noted the Board’s inspecting engineer recommended increasing the performance guarantee
in connection with his request by 5% annually which does not seem reasonable. He noted he hopes the
Board would be open to negotiate that number or willing to leave the amount as is. Mr. Gelcich stated the
applicant has explained it well, and the engineer did not really give a good reason for the increase, but it
is up to the Board to determine the amount. It was noted the Town currently holds $400,299.00 for this
development and it covers the entire road which is essentially built. After further discussion Ms.
Larson-Marlowe moved to release lots 1B, 2B, 8B, 9B, 10B, 11B, 12B, 13B, 14B, 16B, 17A and 24A from
the Conditional Approval Agreement without requiring an additional performance guarantee, Mr. Trendel
seconded the motion, and the Board voted 6 in favor, one opposed (Fein-Brug). The Board discussed the
Form K process and Ms. Ritterbusch stated she will come in tomorrow to notarize the release form.
●Administrative Business
Ms. Kramer stated Mr. Trendel, Mr. Gelcich and she are meeting to talk about the Planning Board
meeting procedures and agenda system, and she asked Board members for input to be channeled to
either one of them. She noted they are considering posting all hearings starting at 7:30 P.M. but there will
be an agenda which they will try to adhere to. She noted this will take out the need for continuously
opening and continuing hearings and improve the process.
●Hehn's Farm – Request to Release Performance Guarantee – Summit Realty Trust
Mr. Gelcich noted the developer is requesting the release of the performance guarantee. He noted it
concerns a development at 25 Ash St., and the road has been constructed creating frontage for 2 new
homes. He noted the inspecting engineer has reviewed the as-built plan, and indicates the road has been
constructed in accordance with the approved plan. After further discussion Ms. Ritterbusch moved to
release the performance guarantee to the developer, Ms. Larson-Marlowe seconded the motion, and the
Board voted unanimously in favor.
●Chamberlain St./Whalen Rd. Subdivision – Proposed Minor Amendments to Flexible
Community Development Special Permit Conditions – REC Hopkinton LLC
Ms. Kramer noted she feels comfortable voting on the changes after meeting with the proponents
informally followed by a discussion with the full Board at the last meeting. She noted the developer
proposes to change the requirements for the affordable units allowing him to build the first 2 units after the
issuance of the 21st building permit, and the 3rd after the 31st building permit. She noted the Principal
Planner would be the functional approver of the units, and there is also a time frame. Ms. Kramer noted
the change will allow the process to be expedited in view of the pace of the real estate market and having
the Principal Planner in charge of approvals makes the most sense. Ms. Larson-Marlowe asked about a
backup, and Mr. Gelcich noted it was considered but increasing the timeline for Town approval to 10 days
and a typical out-of-office message should adequately address that concern. After further discussion it
was decided to change the language to include a designee as a backup to the Principal Planner in case
he/she is unavailable for an extended period of time. Ms. Ritterbusch moved to approve the changes to
the FDC Special Permit conditions as proposed and modified tonight, Ms. Larson-Marlowe seconded the
motion, and the Board voted 6 in favor, 1 abstention (Trendel).
●Other Business
Ms. Kramer stated she is in the process of coordinating a conference call with the chairs of the Select
Board and School Committee with respect to early coordination of the GSC’s role and objectives. She
noted she would also like to add the Legacy Farms North school bus issue to the conversation and will
ask the Select Board to schedule the issue on the agenda for an upcoming meeting. Mr. Gelcich noted
the Planning Board already scheduled this issue on its agenda for July 22. Ms. Kramer stated she will still
bring this up during the conference call and plans to ask about it during the Select Board’s open mike
session tomorrow. Mr. Trendel stated he is not convinced it is a Planning Board issue, and he wants to
make sure the Board first of all addresses the issues they are fully responsible for, but it is a worthwhile
topic and he would not be opposed to the Planning Board taking the lead.
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Mr. Gelcich noted that as far as the new agenda system is concerned, they have a public hearing
scheduled on July 22, 2019, with a specific time and they will make the change starting August 12.
Ms. Ritterbusch asked that the Trails Coordination & Management Committee talk about the Whisper
Way trails at a future meeting. It was noted that Mr. Paul has volunteered to the Planning Board’s
representative, and it is one of the appointments/recommendations to be made one of the next meetings.
Mr. Paul moved to adjourn, Ms. Larson-Marlowe seconded the motion, and the Board voted unanimously
in favor.
Adjourned:10:25 PM
Submitted by:Cobi Wallace
Approved on:August 12, 2019
Documents used at the Meeting:
●Agenda for July 8, 2019 Hopkinton Planning Board
●Memorandum to Planning Board from John Gelcich, Principal Planner, dated July 5, 2019 re: Items on Planning
Board Agenda, July 8, 2019
●Bucklin St.: Public Hearing Outline – Bucklin Street Stormwater Management Permit (SWMP) & Roadway
Petition 10/29/18, 12/3/18, 12/17/18, 1/28/19, 3/11/19, 4/8/19, 5/13/19, 6/24/19, 7/8/19; Petition to Approve Road
Construction, Paper Street entitled “Bucklin Street” in Hopkinton, MA – Requested Waivers from Strict
Compliance of the Regulations, Revised July 7, 2019; Form A Town of Hopkinton Planning Board Application for
Endorsement of Plan Believed Not to Require Approval & Plan for Leonard St. entitled “Plan of Land, Hopkinton,
Massachusetts, dated June 12, 2019, prepared by GLM Engineering Consultants; Email to John Gelcich from
Rebekah Lacey, Miyares-Harrington, dated Jul 8, 2019, re Hopkinton Planning Board: Wall Street Development
Corp. Petition for Roadway Approval and ANR Plan
●Rendering for Whisper Way, received 7-8-19 prepared by Guerriere & Halnon, Inc., Letter to Department of Land
Use, Planning and Permitting, from Philip Paradis, BETA Group, Inc., dated July 3, 2019, re: Whisper Way
Definitive Subdivision Modification Peer Review Update
●0 Wood St.: Public Hearing Outline, Solar Installation Special Permit, Stormwater Management Permit, 0 Wood
Street Solar 7/8/19; Site Plans entitled “Site; Use Plans 0 Wood Street, Hopkinton, MA 01748, dated June 4,
2019, prepared by Borrego Solar; Letter to John Gelcich, Principal Planner, from Stephen Borgatti, Staff
Engineer, and Philip F. Paradis, Jr., PE, Associate, BETA Group, Inc., dated July 3, 2019, re: Hopkinton - 0
Wood Street - 5.0 MW Solar Energy Generating Facility, Special Permit and Stormwater Permit Peer Review
●Highland Park IV – Form K Lot Release Form for Lots 1B, 2B, 8B, 9B, 10B, 11B, 12B, 13B, 14B, 17A, 24A
●Letter to Town of Hopkinton Planning Board from Paul Mastroianni, REC Hopkinton LLC, dated June 26, 2019
re: Request to Amend FCD Special Permit Chamberlain-Whalen Subdivision
●Draft Minutes – Hopkinton Planning Board (June 10, 2019)
●Approval-not-Required Plan for 0 Elizabeth Rd./19 John Matthew Rd., dated June 14, 2019, prepared by J.D.
Marquedant & Associates, Inc.
●Approval-not-Required Plan for 9 Morse Ln., dated May 15, 2019, prepared by J.D. Marquedant & Associates,
Inc.
●Approval-not-Required Plan for 300 Wood St., dated June 4, 2019, prepared by Precision Land Surveying Inc.
●Missed Meeting Certificate – David Paul, for June 10, 2019 (re Whisper Way and Maspenock Woods)
●Missed Meeting Certificate – Mary E. Larson-Marlowe, for June 24, 2019 (re Bucklin St./Leonard St. and 9 B St.)
●Missed Meeting Certificate – Gary Trendel, for June 24, 2019 (re Bucklin St./Leonard St. and 9 B St.)
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