HomeMy Public PortalAbout20191113 - Planning Board - Meeting MinutesHOPKINTON PLANNING BOARD
Monday, November 13, 2019 7:30 P.M.
Hopkinton Public Library, Large Event Room, 13 Main St., Hopkinton, MA
MINUTES
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Members Present: Muriel Kramer, Chair, Gary Trendel, Vice Chair, Amy Ritterbusch, Mary
Larson-Marlowe, Frank D’Urso, David Paul, Jane Moran
Members Absent: Deborah Fein-Brug, Robert Benson
Present:John Gelcich, Principal Planner, Cobi Wallace, Permitting Assistant
Mr. Trendel convened the meeting at 7:30 P.M.
Planning Board Meeting Schedule - It was noted that the special town meeting scheduled for
December 9, 2019, at the Middle School, coincides with a Planning Board meeting posted for the
same night. After discussion, the Board decided to post the meeting for 6:45 P.M. and change
the location to the Middle School in order to further continue the public hearing for Maspenock
Woods already on the agenda and discuss special town meeting articles if needed. The Board
rescheduled the meeting initially scheduled for December 23 to December 16, 2019.
Growth Study Committee Update - Ms. Kramer noted the Growth Study Committee voted to
request funding to do some data work on matching resales of homes with new students over the
last couple of years, and the School Dept. is handling that because it would not be public
information. She noted she has been informed by the Town Manager’s office that funding has
been accommodated.
Announcements - Mr. D’Urso stated he would like the Board to be aware of the following:
1)Passing of former School Superintendent Cathy McLeod. It was noted Ms. McLeod did a
lot for the Town during her tenure, and took over at a difficult time. The Board held a
moment of silence in Ms. McLeod’s honor.
2)Death of Lt. Jason Menard, a Worcester firefighter who died today in the line of duty.
The Board extended its condolences to the City of Worcester and all firefighters.
Ms. Kramer thanked Mr. D’Urso for bringing these items to the Board’s attention.
Main Street Corridor / Special Town Meeting Article to rescind 2018 Annual Town Meeting
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Ms. Kramer asked if the Board has to take any action on this issue, and Mr. Gelcich stated no.
She opened the discussion up to public comments.
Brian Herr, 49 Hayden Rowe, Member, Select Board, speaking as an individual, noted he
believes the Planning Board in the past has endorsed the project. Mr. Herr stated he knows
Planning Board members spoke to MassDOT, and he is interested in knowing how the Board has
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voted on this issue over time. Ms. Wallace stated the project was discussed over the years but
she is not sure whether there were any formal votes. Mr. Paul suggested doing that now and
sending a letter to the Select Board, and Ms. Kramer stated she does not think an official vote is
needed. Mr. Herr stated he does not know what will come before them at the special town
meeting and he wants to avoid any surprises. He noted the Town Manager believes there was an
official letter from the Planning Board, and Ms. Kramer stated they will look into it. It was
determined that the Town Engineer in November of 2017 gave a presentation on the project, at
which time the Board provided a lot of feedback but has been waiting for an update. Mr. Herr
stated the Select Board will look for letters sent to MassDOT over the years. He clarified he is
speaking as a member of the Select Board but not on its behalf, however he thinks his Board will
not support a proposal which involves recalling an article approved at a previous town meeting.
He stated it took a lot of work and money to get to this point, taking the concerns of the abutters
into consideration, and he feels it was a transparent process. Ms. Kramer asked about the
process of reconsidering a previous town meeting vote, and Mr. Herr stated this is a first for him
and he assumes the article will have to follow the language of the citizens petition. Mr. Herr
noted there are a lot of unknowns, but the project is based on state as well as town meeting
funding and also involves Legacy Farms. Ms. Kramer noted for her as a voter there are several
issues: the project itself, how much has been spent, an explanation of the easement process, and
Town government in general, and it would be helpful to separate all that out. Mr. Herr stated he
feels all that has been done already, but he agrees that they will have to do it again.
Mr. Herr noted he believes a reversal of the 2018 annual town meeting vote will essentially end
the process and the money will be difficult to recoup. He stated they could potentially call
another special town meeting in that case, but that would be a problem. He stated the DPW,
Select Board and safety officials have determined what has to happen to improve the corridor,
and, without funding, a lot of work won’t be done, which would be a big problem especially
considering the urgent need for straightening out the Rt. 85/Rt. 135 intersection. Mr. D’Urso
stated he understands the crosswalk at the Respite Center may be staying, but several business
parking spaces will be taken away to accommodate the state mandated bike lane. He noted he
feels the bike lane design will make more of a mess, and the right type of pavement markings
would go a long way in terms of safety improvements. He noted traffic from Southborough
going up the hill regularly backs up, but the sidewalk near the Post Office is unnecessarily wide
and there is an opportunity there to widen the road. He noted the abutters have understandable
concerns about easements affecting their front yards and stone walls being moved, but no one is
listening to their complaints and a letter asking people for “donations” of land does not help
matters.
John Coutinho, 1 David Joseph Rd., member, Select Board, speaking as an individual, stated it is
his understanding that the Planning Board supports and endorses the project. Mr. Coutinho
noted the end of Cedar St. is being widened and there will be a turning lane, the number of
parking spaces in the downtown area will increase from 108 to 110, and bike lanes are required
as part of the state’s “work and play” regulation approach. He noted split bike lanes in
comparison will result in the loss of more parking spaces. He noted the temporary easements,
such as the ones for relocating stone walls, would be needed through two building seasons but
they are asking for more time in case they have to go back to fix a problem. Ms. Ritterbusch
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noted the Town is working with business owners to find a way to mitigate the impact. She noted
this came up at the Growth Study Committee, and she is proposing changes to the sign bylaw
through the Zoning Advisory Committee to extend the maximum allowed duration of temporary
signage during construction, which may help.
Irfan Nasrullah, 211 Winter St., member, Select Board, speaking as an individual, noted he
believes property owners have agreed to the stone walls being moved, but in some cases these
features are and will continue to be on Town property. Mr. Nasrullah noted as a business owner
he knows the project will be inconvenient, but it will be worth it in the end. Ms. Moran stated as
far as the bike lane is concerned, the Upper Charles Trail Committee became involved late in the
process, but the Town has been negotiating the downtown problems for many years. She noted
as part of the Committee’s charge to connect the Hopkinton Center Trail with the Upper Charles
Trail, they met with Town officials and MassDOT, but they could only go east and cannot have a
connection on the Hopkinton Lumber side of the street because the required crossing with
flashing lights would be too close to the traffic signal at the Wood St./Main St./West Main St.
intersection. She noted they therefore came up with an alternate design combining and elevating
the two lanes, which will be unique but perfectly safe to separate bikes from pedestrian and
vehicular traffic. Mr. Paul moved that the Planning Board send a letter to the Select Board in
support of the Downtown Corridor project, and Ms. Moran seconded the motion. Mr. Gelcich
stated the Town Engineer in November 2017 made a presentation to the Planning Board but no
vote was taken. Mr. D’Urso stated he does not think the Board has enough information to
support the project or not as it stands now. Mr. Trendel noted they don’t know the exact wording
of the special town meeting article yet, and they could take a straw vote tonight but he does not
know exactly what they will be voting on which may be risky. Other Board members agreed.
Mr. Paul noted he will withdraw his motion but feels the Planning Board did not do its job
properly.
Administrative Business - Minutes - The Board reviewed the draft minutes of September 23,
2019. Mr. D’Urso moved to approve the minutes of September 23, 2019 as written, Ms. Moran
seconded the motion, and the Board voted unanimously in favor.
Legacy Farms North - Proposed Road Acceptance / Special Town Meeting Article - It was noted
there is a citizens petition to accept Legacy Farms North, as is, as a public way in response to the
school bus pickup issue. Mr. Gelcich explained the process noting the Planning Board received
a copy of the citizens petition submitted to the Select Board with a hearing scheduled on
November 19. He noted the Planning Board can vote to recommend that the Select Board at the
special town meeting move to approve the road layout or vote not to do so. It was noted the
citizens petition was submitted yesterday, the signatures were verified by the Town Clerk, and
the owner was notified within the required time frame, 7 days prior to the scheduled Select
Board meeting. He stated the next step is the road layout plan which is the responsibility of the
petitioners. It was noted there is only one more Planning Board meeting between now and the
special town meeting. Ms. Larson-Marlowe noted this is a special circumstance and she supports
the petition to accept the road but the Board has a responsibility to ensure that the contingencies
are appropriate. Mr. Trendel noted the DPW Director previously spoke against acceptance so he
would like to understand what it will take from the Town’s perspective to consider this request.
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Mr. Gelcich noted BETA, the Board’s consultant engineer, in 2016 commented on the status of
outstanding items, and the information has not been updated since. Mr. Trendel noted he
believes the developer made a formal proposal to provide additional funds to cover unanticipated
expenses, and Mr. Gelcich stated he may have.
John Westerling, DPW Director, noted safety of the neighborhood children is most important,
however, they also have to make sure the Town is protected. It was noted the status of remaining
items has not significantly changed since 2016, and, if the Town were to accept the road now, the
remaining work would be done at prevailing wages probably costing more than $1 million dollar,
substantially in excess of the performance bond held by the Town. He noted they should be able
to have an ironclad guarantee that the Town is not going to end up paying the difference. He
noted the Town would plow the road and he is not sure it would be safe to use Town assets on
the roadway in its current condition. Ms. Kramer noted there was a big ribbon cutting ceremony
opening up the road for all traffic, and she asked how the Town was able to make that
determination. Mr. Westerling noted he does not believe he was part of that decision and
believes it may have been part of an agreement with the Planning Board. Mr. Trendel asked if
the willingness of the developer to increase the bond based on an updated cost estimate would
make a difference, and Mr. Westerling stated that will decide who will pay for construction, but
not how the associated aspects will be contracted and paid for, such as design costs and
inspections. Mr. D’Urso noted he met with some of the neighbors and the Board will try to
answer their questions. He noted Roy MacDowell, Legacy Farms LLC, is not here tonight but
was previously willing to pay for a shuttle, and he asked Mr. Westerling if there is a bond
amount he would feel comfortable with. Ms. Kramer noted they don’t have that information
however Mr. MacDowell did not know about this meeting but is willing to help solve the
problem. She noted there was a proposal for a bus stop with a temporary parking lot at 83 East
Main St. but the parents were not in favor. She noted there are still more units coming on-line
and soon they will have as many as 50 cars/day dropping off children and they are looking for
other ideas. Mr. Westerling noted he met with a couple of residents to discuss options but they
prefer to have the road accepted so that Legacy Farms North can be part of the regular bus route.
Mr. Paul stated they should do it the right way, and he thinks the developer will be willing to
cover additional construction and administrative costs. Ms. Moran agreed, noting she uses the
road regularly, and although it needs some work she does not see why they cannot come up with
a legal memorandum of understanding with the developer.
Norman Khumalo, Town Manager, noted this is a tough conversation and as stated by Mr.
Westerling, everybody here wants to make sure the children are safe but they also have to
consider the risk to the Town in accepting a road in this condition. He asked if this would
require the Planning Board to waive any regulations, and Ms. Kramer noted she is not prepared
to answer that question and would have to ask Town Counsel. Ms. Kramer asked about the
possibility of taking the road out of service except to local residents, and Mr. Khumalo stated he
does not think that is the solution.
Ravi Gorti, 15 Spruce St., stated there are safety concerns and there was some discussion about
alternatives, including a proposal to move the bus stop elsewhere but the residents unanimously
felt that it would not solve the problem. Mr. Gorti noted they talked about a shuttle bus, but
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could not find a service that would do it for less than $50,000, so the residents collected
signatures for a special town meeting article to at least get some clarity. He noted if they are
unsuccessful at this stage, perhaps they can look into changing the regulations or getting a waiver
to make it easier to get the road accepted in the near future. He noted he is open to other
recommendations by the Planning Board.
Ms. Kramer recommended the Board ask for legal advice, suggesting that if acceptance now is
not possible they look into bylaw changes to accomplish it at the annual town meeting. Ms.
Kramer noted she feels she can safely say that the Planning Board is open to accepting the road
but the Town’s interests have to be protected, and in their discussions with BETA it should be
stated that they are working with the developer. Mr. Gelcich noted the Board needs to vote
whether or not to recommend that the Select Board at its meeting on November 19 vote to accept
the road layout plan. It was noted this involves a citizens petition and there will be an article on
the warrant no matter what. It was clarified that the Board would only state its position on
accepting the layout of the road, not necessarily on the article itself. Mr. Gelcich noted process
and timing is different in this case, and he would have to check with Town Counsel whether the
Board’s support of the layout plan is required. He noted the property owner has to present the
layout plan 7 days before special town meeting, and he is not sure if that is possible. Mr. Trendel
asked if there are risks associated with a Planning Board recommendation to accept the layout
plan, and Mr. Westerling stated he would refer that question to Mr. Gelcich, and Mr. Gelcich
noted he has not yet seen a plan. Mr. Westerling stated it is too bad the Town did not take the
developer up on his offer to finish the road, and he noted the Town should encourage him to do
so now in order to be ready next May. Ms. Kramer stated Mr. MacDowell has already
contracted for landscaping and final paving which is at least a step in the right direction. She
noted the road became a liability to the Town once it was opened to traffic, and Mr. Westerling
noted he is not aware of any problems but BETA’s letter from 2016 had a long list of outstanding
issues. Mr. Trendel suggested the Board not take any action until additional input has been
received from Town Counsel and BETA. Mr. D’Urso stated the Board supports the citizens
petition but does not have enough information to make a recommendation that the Select Board
vote to accept the layout. It was noted the Board will not be able to make an official
recommendation in time for the November 19 Select Board meeting, but should be able to do it
before the special town meeting. Mr. Gelcich noted he cannot imagine that the Planning Board
decision on this would affect the vote but he will have to check with Town Counsel.
Mr. Gorti stated tonight’s discussion is good but they have been talking about this for 2 years and
he would like to know how they can expedite matters. He noted he would like to get everything
lined up for the next annual town meeting and he asked about the challenges with respect to
changing the regulations. Ms. Kramer stated changing the regulations to address a specific
circumstance is not necessarily good policy but studying potential changes is appropriate. She
noted she is very interested in making sure the children and their parents are safe while
protecting the Town’s interest. She noted she was surprised to hear a child was hit by a car at or
near the bus stop although she does not have details, and the current situation is a liability for the
Town no matter who owns the road. Board members asked about the process for creating a
waiver, and Ms. Kramer stated it will have to be discussed. It was noted this is not a matter of
changing zoning bylaws, and Mr. Gelcich noted there is no provision in the General Bylaws for a
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Planning Board vote and it would essentially only be a courtesy because the Select Board is in
charge of accepting the roads. Mr. Gelcich referred to Sec. 7.1 of the Rules and Regulations
which includes a provision for Planning Board waivers.
A resident of Ash St. stated they are all grappling with the by-products of growth, and asked if it
would be possible to form a task force including representatives of other boards and members of
the community and try to figure it out together. Ms. Kramer stated that is a great idea.
Mr. Coutinho stated this is a very difficult and unique situation, involving construction of a
Town road partially funded by a MassWorks, and he asked whether there is a possibility for
tweaking the regulations to expedite the process. He noted the proposed 83 East Main St.
parking lot would be a good temporary solution, but to Ms. Kramer’s point this is a unique case
and the Town has been using the road. He noted the developer will do whatever it will take now
to make sure it will get done at the next annual town meeting. Ms. Kramer noted the Board is
with the residents and other interested parties in wanting to find a permanent solution and she
applauds the residents for bringing this up and the Planning Board for taking this seriously. She
noted the Board will get Town Counsel involved and hopefully the special town meeting article
will get things going. After further discussion, Mr. D’Urso moved to allow the Chair to prepare
a statement to capture the sentiment of the Board on this issue, Mr. Paul seconded the motion,
and the Board voted unanimously in favor.
Mr. Paul moved to adjourn, Mr. D’Urso seconded the motion, and the Board voted unanimously
in favor.
Adjourned:9:10 P.M.
Submitted by:Cobi Wallace, Permitting Assistant
Approved on:December 16, 2019
Documents Used at the Meeting:
●Agenda for November 13, 2019 Hopkinton Planning Board meeting
●Memorandum to Planning Board from John Gelcich, Principal Planner, dated November 8, re: Items on
Planning Board Meeting - November 13, 2019
●Draft Minutes for September 23, 2019
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