HomeMy Public PortalAbout20190114 - Planning Board - Executive Minutes
HOPKINTON PLANNING BOARD
Monday, January 14, 2019 6:30 P.M.
Town Hall, 18 Main St., Hopkinton, MA – Room 211
EXECUTIVE SESSION MINUTES
MEMBERS PRESENT: Muriel Kramer, Chair, David Paul, Deborah Fein-Brug, Mary
Larson-Marlowe, Frank D’Urso, Carol DeVeuve, Amy Ritterbusch
MEMBERS ABSENT: Fran DeYoung, Gary Trendel
Present: Elaine Lazarus, Director of Land Use and Town Operations
Ms. Kramer called the public meeting to order at 6:00 PM in Room 211 of the Town Hall.
The Chair entertained a motion to enter into executive session to consider litigation strategy with
respect to TJA Clean Energy LLC v Planning Board because discussion in an open session may
have detrimental effects on the litigating positions of the Town, to reconvene in open session at
the conclusion of executive session, and to allow the following officials to be present: J.
Raymond Miyares, Town Counsel, and Elaine Lazarus. The motion was moved by Mr. D’Urso
and seconded by Ms. Larson-Marlowe. Roll Call: Ms. Kramer-Yes, Mr. Paul–Yes, Ms.
Fein-Brug-Yes, Ms. Larson-Marlowe-Yes, Mr. D’Urso-Yes, Ms. DeVeuve-Yes, Ms.
Ritterbusch-Yes.
DISCUSSION:
Mr. Miyares stated it will be an uphill battle to save the Planning Board’s denial of the special
permit in court, and described why. He noted that the Zoning Bylaw contains criteria for
approval, and a decision of the Board should have findings for each of them. He noted that the
judge holds a new trial with new evidence, but looks at the Board’s findings and takes evidence
on them. He noted that with respect to the Board’s decision in this matter, the Board did not
make any findings so the judge can either remand it to the Board to make findings, or insert
his/her own findings and issue the special permit.
He stated that the Board of Selectmen’s instructions to him are to settle the case quickly. He
noted that the case can’t be settled now, it has to be remanded to the Planning Board via an
official process. He noted that when remanded, the Board can consider an approval with
conditions, disapproval, etc., but needs to make findings on whatever decision it makes. He
stated the process can be either a new hearing all over again, or a re-vote with the same members
participating. The Board discussed the issues, and it was noted that after the negative vote of the
Board on the motion to approve, there could have been additional motions/votes on findings or
on other motions to approve with different conditions.
At the conclusion of the discussion, Ms. Ritterbusch moved to instruct Town Counsel to contact
the plaintiff for the purpose of filing a joint motion to remand the matter to the Board. The
motion was seconded by Ms. Fein-Brug. Roll Call: Ms. Kramer-Yes, Mr. Paul–Yes, Ms.
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Fein-Brug-Yes, Ms. Larson-Marlowe-Yes, Mr. D’Urso-Yes, Ms. DeVeuve-Yes, Ms.
Ritterbusch-Yes.
Mr. Paul moved to exit Executive Session, and the motion was seconded by Mr. D’Urso. Roll
Call: Ms. Kramer-Yes, Mr. Paul–Yes, Ms. Fein-Brug-Yes, Ms. Larson-Marlowe-Yes, Mr.
D’Urso-Yes, Ms. DeVeuve-Yes, Ms. Ritterbusch-Yes.
Executive Session Adjourned: 7:04 PM
Approved: April 22, 2019
Released: January 13, 2020
Documents used at the meeting: None
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