HomeMy Public PortalAbout20190910 - Select Board - Meeting Minutes
TOWN OF HOPKINTON
Select Board
Meeting Minutes – September 10, 2019
Town Hall, 18 Main Street, Hopkinton MA 6:00 PM
Select Board Members Present: Brendan Tedstone, Chair, John Coutinho, Vice Chair, Brian
Herr, Irfan Nasrullah, Mary Jo LaFreniere
Officials Present: Town Manager Norman Khumalo, Assistant Town Manager Elaine Lazarus
CALL TO ORDER: Mr. Tedstone called the public meeting to order at 6:00 PM in Room
215/216 of the Town Hall with the Pledge of Allegiance.
PUBLIC FORUM: There were no public comments.
FY2021 BUDGET CALENDAR: Mr. Khumalo stated that the School Committee has reviewed
and approved the draft budget calendar, and review and acceptance by the Appropriation
Committee is pending. MOVED by Ms. LaFreniere and SECONDED by Mr. Coutinho to
accept the FY2021 Budget Calendar as proposed. Vote to Approve: Yes-5, No-0. Mr.
Khumalo invited members to contact him with ideas for a budget message, which will be
discussed at the next meeting.
CONSENT AGENDA: MOVED by Mr. Herr and SECONDED by Mr. Coutinho to approve
the Consent Agenda, consisting of: 1) Approve the 8/13/19 Select Board Minutes; 2) Approve
Marathon Fund Requests from Friends of Hopkinton ($1,832.25) and HHS Volleyball Program
($4,000); and 3) Accept a $40.00 gift to the Ambulance Fund from Patricia and Richard Graves
in memory of Georgia Straight. Vote to Approve: Yes-5, No-0.
SPECIAL TEMPORARY ALCOHOL LICENSE - KNIGHTS OF COLUMBUS 60TH
ANNIVERSARY DINNER - ST. JOHN THE EVANGELIST CHURCH: The Board
reviewed the application for a Special Temporary Alcohol License for an event on October 19,
2019, and the request for a fee waiver. MOVED by Mr. Coutinho and SECONDED by Mr.
Herr to approve a Special Temporary Alcohol License for the Knights of Columbus 60th
Anniversary Dinner on October 19, 2019 from 6:00 p.m. to 10:00 p.m. at St. John the Evangelist
Church, and to waive the associated fees. Vote to Approve: Yes-5, No-0.
SPECIAL TEMPORARY ALCOHOL LICENSE - HOUSE OF DANCE - HOPKINTON
CENTER FOR THE ARTS: The Board reviewed the application for a Special Temporary
Alcohol License for a reception following a dance performance at the Hopkinton Center for the
Arts on Sept. 21, 2019. MOVED by Mr. Coutinho and SECONDED by Mr. Herr to approve a
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Special Temporary Alcohol License for House of Dance for an event on Sept. 21, 2019 from
6:00 p.m. to 9:00 p.m. at the Hopkinton Center for the Arts. Vote to Approve: Yes-5, No-0.
PARADE PERMIT - CYSTIC FIBROSIS FOUNDATION, 2019 CF CYCLE FOR LIFE:
The Board reviewed a Parade Permit application submitted by the Cystic Fibrosis Foundation for
the CF Cycle for Life event on Oct. 5, 2019 from 7:00 a.m. to 3:00 p.m. It was noted that the
race begins and ends in Holliston, and passes through Hopkinton. MOVED by Mr. Coutinho
and SECONDED by Mr. Nasrullah to approve a Parade Permit for the 2019 CF Cycle for Life
event on October 5, 2019. Vote to Approve: Yes-5, No-0.
NOTICE OF TAKING - STREET ACCEPTANCE - HUNTERS RIDGE WAY AND
PENNY MEADOW LANE: MOVED by Mr. Coutinho and SECONDED by Ms. LaFreniere
to to vote, pursuant to MGL c. 79, § 7C, and Article 48 of the May 6, 2019 Annual Town
Meeting, to execute notices of taking relative to the Orders of Taking recorded on September 6,
2019 at the Middlesex South District Registry of Deeds to accept and take ownership of the
roadways known as Hunters Ridge Way and Penny Meadow Lane. Vote to Approve: Yes-5,
No-0.
PUBLIC FORUM: Residents of 129 Hayward Street expressed concern about a very large
puddle in Hayward Street which was created after the construction of a new home in the area.
They stated that the matter has been discussed with the DPW, which needs approval from the
Conservation Commission to fix the problem, and requested that the Select Board expedite the
process because of the current EEE threat. The residents also noted that the Sandy Beach
parking lot should be upgraded to remove puddles there as well. Beth Kelly, 5 Ash Street, stated
that the Main Street Corridor Project is a financial disaster for Hopkinton, and only 3 of 90
property owners have agreed to donate easements. She stated that the cost to pay the remaining
87 people for their land will be very high. She stated that the project should be stopped.
TOWN MANAGER REPORT: Mr. Khumalo provided an update on the Main Street Corridor
Project, noting that outreach meetings were held recently where representatives of MassDOT and
others were present to answer questions. He stated that MassDOT is working to finalize the
temporary easements for electrical connections, which have been reduced in size as additional
property information becomes known. He stated there was a meeting on August 29 with utility
companies, and there will be continued discussion with Eversource about the poles at either end
of the undergrounding section. He stated that the Town is continuing to work with the Historic
District Commission on specific items and will file an application. He stated that a MEPA filing
has been completed, and there have been several public records requests.
Mr. Herr stated that the project doesn’t take any land, and what is needed for the most part are
temporary easements. He stated it is not a financial nightmare for the Town as has been stated,
and there are some things that need to be done for the betterment of the whole community. Mr.
Khumalo noted that permanent easements are needed for items such as guy wires from utility
poles, some existing sidewalk locations, a portion of bike lane at Pan Thai, and from Crosspoint
to straighten out the Grove/Cedar/Main intersection, which has been discussed for years, for
example. Mr. Herr stated he doesn’t see that there is specific harm to anyone. Mr. Nasrullah
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stated that there should be continued engagement with the property owners. Mr. Coutinho
suggested distributing factual information, such as a Frequently Asked Questions document.
BELLADORA CORP. dba THE VIN BIN - 22 SOUTH STREET - LIQUOR LICENSE
VIOLATION: Mr. Khumalo stated the Town received a notice from the state Alcoholic
Beverages Control Commission (ABCC) relative to a failed compliance check which was
conducted by the state. Rick Lombardo stated that the incident did occur, and it was the first
time something like this has happened in 15 years of business. He described the incident and
stated that the responsible employee was dismissed that same evening. Mr. Tedstone thanked the
owners for taking responsibility for what occurred.
LIAISON REPORTS: Ms. LaFreniere stated that the Board of Assessors received more than
30 applications for the new senior means tested tax program. Mr. Tedstone stated that the
remaining items pertaining to the new Marathon Elementary School are nearly complete.
FUTURE AGENDA ITEMS: Downtown parking (Coutinho); Main Street Corridor Project
regular updates (Nasrullah); Off-site affordable housing/Chamberlain-Whalen subdivision
(LaFreniere).
BOARD/COMMITTEE APPOINTMENTS: MOVED by Mr. Coutinho and SECONDED by
Mr. Nasrullah to appoint Cynthia Esthimer to the Trail Coordination and Management
Committee, to the position/as recommended by the Parks and Recreation Commission, replacing
Dan Terry, to a term expiring 6/30/2020. Vote to Approve: Yes-5, No-0. MOVED by Mr.
Coutinho and SECONDED by Mr. Nasrullah to appoint Ken Weismantel as an at-large member
of the Community Preservation Committee, to a term expiring 6/30/2022. Vote to Approve:
Yes-5, No-0. MOVED by Mr. Coutinho and SECONDED by Mr. Nasrullah to appoint Edwin
Harrow as the Conservation Commission representative to the Open Space Preservation
Commission, to a term expiring 11/17/2020. Vote to Approve: Yes-5, No-0.
FUTURE AGENDA ITEMS: Mr. Herr suggested inviting property owners who think they are
being specifically harmed by the Main Street Corridor Project to present their particular harm to
the Board. The Board discussed setting aside at a future meeting for this purpose.
PROCLAMATION: Will Dione appeared before the Board and described his Eagle Scout
project, where he worked to educate owners of the dangers of phosphates in the Lake Whitehall
watershed. The Board congratulated Mr. Dionne on the Eagle Scout achievement.
PUBLIC FORUM: Dave Paul, Meadowland Dr., stated that the utility undergrounding for the
Main Street Corridor Project should be extended to include the two poles in front of 85 Main
Street.
JOINT MEETING WITH PLANNING BOARD - PLANNING BOARD APPOINTMENT:
Planning Board members present: Muriel Kramer, Chair, Gary Trendel, David Paul, Mary
Larson-Marlowe, Robert Benson, Frank D’Urso, Amy Ritterbusch. Planning Board members
absent: Deborah Fein-Brug.
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Ms. Kramer opened the Planning Board meeting. It was stated that Mr. Tedstone would Chair
the joint meeting. Each applicant for appointment to the vacancy on the Planning Board
described their interest in serving on the Board. Jane Moran, East Main St., described her
background of serving the community, including her current service on the Upper Charles Trail
Committee. Mary Arnaut, Teresa Rd., described her background and interest, noting that she has
attended many Planning Board meetings, is familiar with its activities, and has no allegiance to
any organizations, developers, etc. Mike McNamara, Baker Ln., stated he was a candidate for
Planning Board in the last election, and is still interested in serving on the Board. Smriti
Choudury, Locust Ln., described her background, including prior service on the Zoning Board of
Appeals in Ashland. Each candidate was asked if they would run for office at the next annual
town meeting, and each replied yes.
Mr. Tedstone described the runoff voting procedure, where each member indicates which
candidate they prefer, until it is down to two candidates. Each member indicated their preference
as follows:
Coutinho - Moran
Nasrullah - Choudury
Ritterbusch - McNamara
Kramer - Moran
Tedstone - Moran
Paul - Choudury
Benson - Arnaut
D’Urso - McNamara
Larson-Marlowe - Choudury
LaFreniere - McNamara
Herr - Moran
Tedstone - Moran
Mr. Tedstone thanked Ms. Arnaut for her interest in serving on the Board. Mr. Trendel asked
each of the remaining candidates what they see as the biggest issue facing the Planning Board
over the next 7 months. Ms. Moran, Mr. McNamara and Ms. Choudury each responded that
growth is the biggest issue.
Each Board member indicated their preference as follows:
Herr - Moran
LaFreniere - Moran
Larson-Marlowe - Choudury
D’Urso - McNamara
Benson - Choudury
Paul - Choudury
Trendel - Moran
Kramer - Moran
Ritterbusch - Choudury
Nasrullah - Choudury
Coutinho - Moran
Tedstone - Moran
Mr. Tedstone thanked Mr. McNamara for his interest in serving on the Board.
PUBLIC HEARING - REVOCATION OF KENNEL LICENSE - GREYHOUND
FRIENDS, 167 SADDLE HILL ROAD: MOVED by Mr. Coutinho and SECONDED by Mr.
Nasrullah to open the public hearing and continue it to the conclusion of the Planning Board
agenda item. Vote to Approve: Yes-5, No-0.
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JOINT MEETING WITH PLANNING BOARD - PLANNING BOARD APPOINTMENT,
CONTINUED: From the two remaining candidates, each member indicated their preference:
D’Urso - Moran
Benson - Choudury
Paul - Choudury
Trendel - Moran
Kramer - Moran
Ritterbusch - Choudury
Nasrullah - Choudury
Coutinho - Moran
Tedstone - Moran
Herr - Moran
LaFreniere - Moran
Larson-Marlowe - Choudury
MOVED by Mr. Coutinho and SECONDED by Mr. Trendel to appoint Jane Moran to the
vacancy on the Planning Board, to a term expiring at the next annual town election. Vote to
Approve: Yes-12; No-0.
MOVED by Mr. D’Urso and SECONDED by Ms. Ritterbusch to adjourn the Planning Board
meeting. Vote to Approve: Yes-7 (Kramer, Trendel, Larson-Marlowe, Ritterbusch, Paul,
Benson, D’Urso); No-0.
PUBLIC HEARING - REVOCATION OF KENNEL LICENSE - GREYHOUND
FRIENDS, 167 SADDLE HILL ROAD: Mr. Tedstone stated that the purpose of the public
hearing is to gain information to assist the Board in determining whether the kennel has been
maintained in a sanitary and humane manner and if records have been kept properly as required
by law, and if the Board will suspend or revoke the kennel license as requested by a citizen’s
petition. He provided background information, noting that Greyhound Friends possessed a
kennel license that was issued in January 2017 which was suspended in February 2017, and that
Greyhound Friends applied for a new license on June 7, 2018. He stated that at that time, there
was an inspection by a team of Town officials led by Hopkinton Deputy Police Chief Joseph
Bennett, and at a public hearing on 9/11/18, the Board recommended that the Town Clerk deny
the kennel license application based on the information in the inspection report. He stated that
on 6/15/19, Greyhound Friends applied for a new kennel license, and another inspection team led
by Deputy Bennett conducted an inspection. Based on a 15 dog capacity, Greyhound Friends
passed the inspection. The Town Clerk issued the kennel license on 8/12/19. Mr. Tedstone
stated that petition of 25 Hopkinton citizens requested a hearing to determine whether the license
should be suspended or revoked.
Mr. Tedstone read the definitions of “humane” and “sanitary” as contained in Town Bylaw
Section 62-7.A, and read the information required to be maintained at a kennel and made
available for inspection as contained in Section 62-7.D.B.
Mr. Tedstone outlined the procedure for the hearing, with the petitioner group and Greyhound
Friends each having 5 minutes to make a presentation, and then 20 minutes for public comment.
Mr. Tedstone stated that only comment and evidence related to whether the kennel is being
maintained in a sanitary and humane manner and if records have been properly kept as required
by law, will be allowed.
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The following documents were entered into the record: 1) Application for kennel license
submitted 6/15/19, with a supporting letter; 2) Inspection Report dated 8/7/19; 3) Petition
submitted by residents in August, 2019.
Beth Malloy, representing the petitioners, stated that the Greyhound Friends board still has
someone on it who was a board member in the past and he was also an employee. She stated that
Greyhound Friends believes that they always provided good care, but they did not. She stated
that some dogs were kept for another 5 months after the license was suspended in 2017. She
stated that the license should be revoked because the organization has made mis-statements and
misrepresentations, and has exhibited bad behavior for decades. She stated that if the license
isn’t revoked, then Greyhound Friends should at least commit to getting rid of anyone who was
involved prior to the 2017 license suspension.
Caryn Amy Rose, Greyhound Friends, stated they have a new board since the kennel closed in
February, 2017. She stated they are in compliance and have worked to improve the organization.
She agreed that there were issues in the past, and they have put into place what is needed in order
to be a better organization. She stated they now use shelter management software for record
keeping and organizational monitoring, and focus on treatment and enrichment. She stated they
now have professional management.
Terri Shepard stated she joined the Greyhound Friends board in 2016, and has been able to
achieve all of the changes needed. She stated she resigned from the Board in 2018 to become the
shelter manager. She stated that all incoming staff and volunteers will be fully trained on
procedures and protocols.
Public Comment:
●Frank D’Urso, speaking as an abutter and not as a member of the Planning Board, stated
he never had a problem with Greyhound Friends, he visited and appreciates their good
work. He stated he understands the concerns but it appears they are following the rules.
●A person in attendance asked what veterinarian the organization will use.
●Dale Warren stated he adopted dogs from Greyhound Friends in the past, they have
passed inspections and have new operations. He supports the organization.
●Steve Bassignani stated that as evidence of poor record keeping, their administration page
was open on the website and one could see who donated money. He stated that there are
no dogs there now, but it was unsanitary when there were.
●Kathy Denortia stated she volunteered in 2017 and since she has cleaned, organized, set
up work spaces, painted, etc. She stated there is new shelter management software for
records management.
●Barbara Burnham stated that the organization failed the dogs in the past and they should
not be allowed to reopen; it is an untrustworthy organization that disregards rules.
●Steve McGrath stated he volunteered there for years and never saw anything.
●Lillian Volen stated there were sanitary questions from 2015; she adopted a dog from the
shelter and it was sick. The yard was littered with feces.
●Jeffrey Shindler, compliance officer, stated they have worked hard to improve protocols
and procedures over the last few years.
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●Beth Malloy stated that dogs were sick and poorly treated.
●Kate Savage stated that they have worked to resolve problems, have admitted that
mistakes were made, and it takes courage to come back as an improved organization.
●A person in attendance stated that they applaud that people admit there was wrongdoing,
but Greyhound Friends can still be an organization that helps the cause without having a
kennel; Greyhound Friends should get rid of anyone who worked there or was on the
board before.
●Terry Stiffler stated she adopted a dog there and thought it was great; they should be
given another chance.
●A person in attendance stated that many former volunteers left because of the bad
conditions.
●Debbie Murphy spoke in favor of reopening the kennel.
●Barb Siegel expressed support for reopening the kennel.
●Beth Malloy statd that they don’t deserve a second chance, and the Town should have
shut them down permanently.
Mr. Nasrullah asked if there will be a veterinarian on staff. It was stated that there will not be
one on staff, but they will use Healthy Paws, Holliston Animal Hospital, and Dr. Margo Roman.
Board members expressed a desire for oversight and monitoring of the kennel operations. In
response to a question, Ms. Shepard described how the kennel declined after 2014, and explained
how things would be different. Ms. Tedstone asked Ms. Malloy she still has a problem if the
kennel has improved and changed. Ms. Malloy stated that Ms. Shepard should be replaced, and
a $40,000 lien on the property should be paid off before they operate again. Mr. Tedstone asked
if the Town can limit the Greyhound Friends board so that members from the past are excluded.
Ray Miyares, Town Counsel, asked if Greyhound Friends would agree to a condition that
excluded prior board members or employees from the board. Ms. Rose stated it depends on the
timeframe that they were involved with the organization. In response to a question, Ms. Rose
stated that a condition requiring prior approval of board members by the Select Board would be
acceptable. In response to a comment, Jeremy Cohen, attorney for Greyhound Friends, stated
that Louise Coleman is barred from participating or being involved with Greyhound Friends, and
they are willing to accept a condition that Ms. Coleman will not be allowed on the property. The
Board discussed possible license conditions. Board members stated that if the organization
continues to be licensed, then it can expect to be closely monitored. MOVED by Mr. Herr and
SECONDED by Mr. Coutinho to close the public hearing. Vote to Approve: Yes-5; No-0.
The Board discussed the reasons for revocation in the Bylaw and whether the evidence and
testimony supported the reasons. The Board discussed potential actions and conditions.
MOVED by Mr. Herr and SECONDED by Mr. Coutinho that pursuant to Section 62-7.G.B(2)d
of the General Bylaws, we order that the Greyhound Friends, Inc. kennel license be amended to
provide:
1.No Board member from Greyhound Friends Inc. who served on or before the date of its
closure in February 2017 shall be eligible to serve on the Board without the prior
approval of the Select Board after a public hearing.
2.The Greyhound Friends Board shall take all reasonable steps to prevent Louise Coleman
from being present on the Greyhound Friends property including, as necessary, taking
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any legal action to obtain a no trespass, restraining or comparable court order to effect
that result.
And that the Select Board continue its deliberations to a future date.
The Board asked if Greyhound Friends, the license holder, agrees to the terms, and the response
was yes. Vote to Approve: Yes-5; No-0.
LEGACY FARMS HOST COMMUNITY AGREEMENT AMENDMENT VI: Roy
MacDowell, Legacy Farms LLC, appeared before the Board. Mr. Khumalo stated that the intent
and purpose of Amendment #6 to the Host Community Agreement is to conform to the changes
to the Open Space Mixed Use Development Overlay District voted at the May, 2019 annual town
meeting with respect to affordable housing and restricted land. The Board discussed the
amendment with Mr. MacDowell, and Mr. Khumalo and Ms. Lazarus recommended approval.
MOVED by Mr. Couitinho and SECONDED by Mr. Herr to approve Amendment #6 to the
Host Community Agreement between Legacy Farms LLC and the Town of Hopkinton, and to
authorize the Chair to sign the Amendment. Vote to Approve: Yes-5; No-0.
MOVED by Mr. Coutinho and SECONDED by Mr. Herr to adjourn the meeting. Vote to
Approve: Yes-5; No-0.
Adjourned: 9:30 PM
Approved: September 24, 2019
Documents used at the meeting:
●Proclamation - Will Dionne
●Town of Hopkinton FY2020 Budget Sequence
●Memo dated January 28, 2019 to Board of Selectmen from Norman Khumalo re: FY20 Comprehensive Budget
Submittal Letter, with attachments
●Marathon Fund Request, Friends of Hopkinton, 8/13/19
●Marathon Fund Request, HHS Volleyball Program, 8/13/19
●Application for Parade Permit, Cystic Fibrosis Foundation, 7/1/19, with supporting documents
●Cystic Fibrosis Foundation, 2019 CF Cycle for Life, Permitting Team Comments
●Special Temporary Alcohol License Application, Knights of Columbus, 8/6/19, with supporting documents
●Knights of Columbus Bishop Rice Council, 60th Anniversary Dinner, Permitting Team Comments
●Special Temporary Alcohol License Application, House of Dance, 8/20/19, with supporting documents
●House of Dance, Dance Performance, Special Temporary Alcohol License,, Permitting Team Comments
●Hopkinton Planning Board Vacancy Announcement, 8/14/19
●Planning Board applications submitted by Jane Moran, Jeffrey Doherty, Mary Arnaut, Mike McNamara, Smriti
Choudury
●Email from Jeffrey Doherty to John Gelcich 9/4/19 re: Planning Board Vacancy
●Citizens Petition received 8/28/19
●Public Hearing Notice, Petition for Hearing-Revocation of Kennel License, 9/10/19
●Report dated 8/7/19 to Edward Lee, Police Chief, from Joseph Bennett, Deputy Police Chief, re: Greyhound
Friends Kennel Inspection, 167 Saddle Hill Rd., Hopkinton MA
●Kennel License issued by Town Clerk to Greyhound Friends, expiration date 3/31/2020
●Article V, Kennel Licensing
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●Kennel License Application, Greyhound Friends Inc. (Terri Shepard), 167 Saddle Hill Rd., with letter to Connor
Degan from Caryn Amy Rose and Terri Shepard dated 6/15/19
●Sixth Amendment to Host Community Agreement
●Parks & Recreation Liaison Summary
●Letter dated 8/20/19 to Select Board from Henry Kunicki
●Application, Community Preservation Committee, Ken Weismantel
●Memo dated 8/22/19 to Town Manager’s Office from Conservation Commission re: Open Space Preservation
Commission
●Memo dated 9/6/19 to Select Board from Norman Khumalo re: Select Board September 10, 2019 Meeting
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