HomeMy Public PortalAbout20180122 - Planning Board - Meeting Minutes
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HOPKINTON PLANNING BOARD
Monday, January 22, 2018 7:00 P.M.
HCAM-TV Studio, 77 Main St./Lower Level, Hopkinton, MA
MINUTES
MEMBERS PRESENT: John Ferrari, Chairman; Fran DeYoung, Vice Chairman; Amy
Ritterbusch, Frank D’Urso, Cliff Kistner, Muriel Kramer, David Paul
MEMBERS ABSENT: Irfan Nasrullah, Kelly Karp
Present: Elaine Lazarus, Director of Land Use & Town Operations; Cobi Wallace, Permitting
Assistant
Mr. Ferrari opened the meeting and welcomed Ms. Lazarus who will be joining the Board until a
replacement is found for Ms. Burke, Principal Planner, who left the Town for another position.
1. Continued Public Hearing – Saddle Hill Road – Stormwater Management Permit –
SVN/Parsons Commercial Group
Mr. Ferrari noted the applicant has asked for a continuation of the public hearing. After
discussion, Ms. Kramer moved to continue the public hearing to February 12, 2018 at 7:30 P.M.
Mr. Kistner seconded the motion and the Board voted unanimously in favor.
2. 45 (Rear) South Street – Request for Minor Modifications to Approved Site Plan
Peter Bemis, Engineering Design Consultants (EDC), engineer, appeared before the Board. He
noted EDC submitted an as-built plan to the Building Dept. as part of their request for an
occupancy permit. He stated the Building Inspector identified a number of features not shown
on or different from the approved plan. Mr. Bemis stated they did not stripe the 10 parking
spaces at the rear of the building within the loading dock area, but striped 5 spaces elsewhere.
He noted CrossFit Resilience is the only long-term tenant and prefers to use the area for storing
some of their large tires. In response to a question of Mr. Ferrari, he noted there are more than
enough parking spaces, and they can easily go back to the original plan if needed. Ms. Lazarus
noted she checked the original filing and they exceed the number of parking spaces required by
zoning.
Mr. Bemis explained the changes made to the plan with respect to the front entrance, walkway
and handicapped spaces. He noted based on CrossFit's long-term lease as the single tenant, it
was decided to construct only one entrance and locate all three handicapped spaces together in
front of the entry door, rather than locating one of them around the corner. He noted all egress
requirements are met and it is a more efficient use of the area. Ms. Kramer asked what would
happen if the building converted to a multi-tenant use, and Mr. Bemis stated the other doors
would be on the same side and the handicapped spaces would still be properly located. In
response to a question of Mr. D'Urso, Mr. Bemis noted the property owner, tenant and contractor
made the decision to change the plan after meeting on site, and he feels the changes are not
significant. Mr. D'Urso stated he feels the applicant should have followed the approved plan.
Mr. Bemis stated the Building Inspector was not concerned about the changes but wanted the
Board's input on this matter before issuing the final occupancy permit.
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Mr. Bemis noted the contractor installed one single set of exterior stairs at the rear, instead of
three, but the other two can be added if needed. In response to a question of Mr. Kistner, Mr.
Bemis noted the applicant would have to apply for a building permit and go back to the Planning
Board if deemed necessary by the Building Inspector.
Mr. Bemis referred to the changes made to the plan with respect to the dumpster. He stated there
is a small freestanding container on the site shown on the plan as a separate detail. He noted they
felt an enclosure was not necessary for a single tenant but will install one for a future multi-
tenant use.
Mr. Bemis noted he hopes the Board will agree these are minor changes, with the elimination of
5 parking spaces being the most significant. Ms. Ritterbusch stated she believes the changes are
minor, and additional changes can be easily made if needed. Mr. Ferrari noted from a procedural
standpoint, the Board is becoming more adamant about changes made without prior approval.
He noted the Board is open to changes, but developers should not consider agreement in this case
as approval in general, and Mr. Bemis stated he understands. In response to a question of Ms.
Kramer, Ms. Bemis stated the facility is currently operating based on a temporary occupancy
permit. Ms. Ritterbusch moved to find that the changes made to the approved plan are minor in
nature. Mr. Kistner seconded the motion and the Board voted unanimously in favor. Ms.
Ritterbusch moved to approve the modifications to the site plan as shown on the revised plan.
Mr. DeYoung seconded the motion and the Board voted unanimously in favor.
3. Zoning Advisory Committee - Resignation
Ms. Ritterbusch moved to accept the resignation of Amman Haidri from the Zoning Advisory
Committee. Ms. Kramer seconded the motion and the Board voted unanimously in favor.
4. Planning Board Annual Report
The Board reviewed the draft Annual Report of the Planning Board. Ms. Kramer referred to the
site plan approval for the replacement of one of water towers on Grove St. and asked what has
become of the Board of Health's involvement, and whether it should be captured in the report,
and Ms. Lazarus noted she will check on it.
Mr. Paul arrived at this time.
The Board further discussed the draft report, and made changes. Ms. Kramer moved to approve
the annual report as amended, Mr. DeYoung seconded the motion, and the Board voted in 6 in
favor with one abstention (Paul).
5. Zoning Articles for Annual Town Meeting
a) Duration of Special Permit - Mr. DeYoung noted this concerns changing the duration of a
special permit from 2 to 3 years to match changes made to MGL c. 40A. Mr. Ferrari clarified
that at this point in the annual town meeting process, the Board just votes whether to put the
articles on the warrant, and recommendations will not be made until after the public hearing on
February 26. Mr. Kistner moved to place the article on the town meeting warrant, Ms. Kramer
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seconded the motion, and the Board voted unanimously in favor. It was noted the Board will
continue the discussion later in the meeting.
6. Public Hearings – Chamberlain St./Whalen Rd. Subdivision – 1) Definitive Subdivision
Application; 2) Flexible Community Development (FCD) Special Permit Application; 3)
Scenic Road Application, Joint Hearing with Tree Warden – REC Hopkinton LLC
Mr. D'Urso moved to open the public hearings. Ms. Kramer seconded the motion and the Board
voted unanimously in favor. It was noted Ms. Kramer is the Planning Board's liaison for these
applications.
Paul Mastroianni and Kathi Sherry, REC Hopkinton LLC, applicant, and Mike Dryden, Bohler
Engineering, engineer, appeared before the Board. Ms. Sherry stated REC Hopkinton LLC was
before the Board last year with a proposal for a 32-lot Open Space Landscape Preservation
Development (OSLPD) concept plan which was denied. She noted the current plan incorporates
feedback and comments received from the Board, its consultant, and abutters in connection with
the previous application, basically resulting in a hybrid conventional subdivision plan which
complies with the Subdivision Rules and Regulations and Zoning Bylaw in terms of dimensional
requirements but also preserves 45 acres of open space, permanently protects wetlands, streams,
a potential vernal pool, historical features, and continues/relocates existing trails outside of
privately owned property into the common open space. Ms. Sherry noted the plan proposes 32
single family lots on 102 acres, extending the Whalen Rd. and Chamberlain St. cul-de-sacs, with
a gated connector road for emergency access only, as well as, improvements and widening of
Chamberlain St. She noted they are asking for waivers from the provisions regarding dead-end
streets, and street width and sidewalks with respect to the widening of Chamberlain St. She
noted the application includes a detailed traffic study to address concerns regarding the impact
on surrounding roads & intersections. She noted the plan shows 2 wetlands crossings and the
applicant is scheduled to meet with the Conservation Commission (ConCom) tonight.
Mr. Dryden described the site, noting that it abuts the High School property, Boston Edison land,
and the Berry Acres conservation area. He noted the vast majority of the site is zoned
Agricultural, and the approximately 20 acres zoned Office Park will be part of the open space.
He described existing conditions and topography, noting the land is unusually hilly but has a
large upland area ideal for development. He noted there are approximately 23.5 acres of wetland
resource areas, with an intermittent stream running through the center of the property. He noted
the land is vacant and heavily wooded. Mr. Dryden noted they did extensive soil testing to
determine locations for on-site septic systems and to analyze swales for stormwater management
areas. He noted groundwater conditions are shallow in some areas, but generally vary between 2
and 8 ft. He stated the area is located within the Water Resources Protection Overlay District
(WRPOD).
Mr. Dryden noted the plan proposes an extension of the Whalen Rd. cul-de-sac by about 1,300 ft.
with a 22 ft. wide road, providing frontage for 12 lots. Ms. Kramer asked if any of the lots off
Whalen Rd. are encroaching on buffer zones and Mr. Dryden stated no. Ms. Kramer asked about
the existing length of Whalen Rd., and Mr. Dryden noted it is about 1,500 ft. Mr. Dryden
described the layout of the improved and unimproved sections of Chamberlain St. adjacent to the
site. Mr. Dryden noted they will have to fully improve about 410 ft. of the unimproved section
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and propose to extend Chamberlain St. by about 2,200 ft. to provide frontage for 20 lots. Ms.
Kramer asked about the length of the existing improved section of Chamberlain St., and Mr.
Dryden stated he will have to check on that. He noted the applicant proposes to connect the two
dead-end streets via a 450 ft. long 20 ft. wide road, gated at each end for emergency access only.
Mr. Dryden noted the plan will preserve about 45 acres or 44% of the site as open space, 30
acres or 65% of which is upland. He noted there is an unorganized trail network throughout the
site, and described how they propose to abandon/relocate existing trails to provide connectivity.
Mr. Dryden stated they propose an 8 in. water main connection through the entire site to create a
loop which will improve the water distribution system in this area. He noted the development
will utilize on-site septic systems. He stated they were unable to perc 2 of the lots because of
high groundwater conditions but it is felt that it will be ok when things dry out a little. He noted
the test results have a wide range and they will therefore have septic systems that vary in size.
Ms. Kramer asked about the wetlands impacts, and Ms. Sherry stated all structures are outside
the 100 ft. buffer zone. Mr. Dryden added they cannot disturb within the 50 ft. zones so they are
ok except for the wetlands crossing areas. He described the stormwater drainage system and
stated there will be 6 basins spread throughout the site making it possible to keep them as small
and gently sloped as possible. He noted the system as designed is essentially in compliance with
the stormwater regulations, and they are currently working with BETA Group, the Board's
consultant, to resolve outstanding issues.
Phil Paradis, BETA Group, noted they have provided comments, mostly requests for additional
information and/or clarification on several items. He noted Planning Board issues mainly
involve the requests for waivers, and there are some challenges with respect to the creation of
very long dead-end streets and the required improvements to the unimproved section of
Chamberlain St. from a safety standpoint. He noted sidewalks are also a consideration because
of the proximity to area schools. He noted the lots all have the required frontage and area, and
BETA has requested information on the preliminary locations for septic systems and other items.
He noted BETA has identified a number of stormwater issues. He stated the applicant's engineer
has tried to average soil conditions which vary throughout the site along with significant
differences in perc test results, and they therefore want to see more detailed accuracy as well as
rainfall data. He noted he does not think there are any issues that cannot be overcome in terms of
stormwater management, and road safety is the biggest issue. Mr. Paul asked if Mr. Paradis feels
they have worked through the dead-end street issue, and Mr. Paradis stated not yet. Mr. Paul
noted the Board of Health is not in favor of detention ponds, and asked for Mr. Paradis' opinion
on that subject. Mr. Paradis stated the Board of Health's concerns are related to mosquitoes, but
all open basin designs should drain within 72 hours while even the most aggressive mosquito
habitat takes at least 4 days under the right temperature conditions to develop eggs. He noted the
proposed basins will drain within a day or so and it should be ok. He noted the applicant has
spread out the basins for maintenance purposes and to mimic existing conditions and BETA
would recommend something like that.
John Westerling, Director of Public Works, stated he echoes BETA's comments but would prefer
to see the detention ponds in the hands of a homeowners association or someone other than the
Town because of maintenance/funding issues. Mr. Westerling noted he also has serious
concerns about the design of the emergency connector road with respect to maintenance and who
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will be responsible for opening and closing the gate during storm events. Ms. Sherry stated they
don't intend to form a homeowners association. In response to a question of Mr. Paul regarding
the emergency access, Mr. Westerling stated he is looking for assurances that the road be
maintained properly and will only provide limited access. Ms. Ritterbusch asked for examples of
gated emergency roads, and Mr. Westerling stated Baker Ln./Oliver Ln. comes to mind where
the chain is taken off and opened during a storm, effectively creating a through road but it only
concerns two driveways that lead to a dead end. Ms. Kramer asked about input from other Town
departments and stated it appears the Board of Health has no concerns. Deputy Fire Chief Bill
Miller stated the Fire Dept. has no comments at this time. Ms. Kramer asked about items to be
added to the outline, and Mr. D'Urso stated he would like to talk about solar energy.
The Board discussed the need for a site walk. Ms. Kramer stated Board members walked the site
previously, but she suggested going back to look at the section of Chamberlain St. to be
improved and widened. Ms. Sherry stated the trees are flagged and they can take care of the
other markings by next week. Ms Kramer asked what portion of Chamberlain St. is a designated
scenic road, and Carol DeVeuve, 47 Chamberlain St., noted the street is scenic from Angelo Dr.
to the end. The Board scheduled a site walk on Saturday, February 3, 2018 starting at the
Chamberlain St. Center Trail entrance at 12:30 P.M.
Mr. Dryden noted the new roads will be 22 ft. wide curb to curb, utilize bituminous curbing, with
a sidewalk on one side. He noted the design meets the Subdivision Rules & Regulation
requirements, and he feels they can address the issues identified by BETA. He provided
additional details regarding road, cul-de-sac and emergency access design, and noted he will
meet with the safety officials to come up with a mutual agreement regarding the gate design and
method of operation. Mr. DeYoung asked where they plan to start the sidewalk along
Chamberlain St., and Mr. Dryden noted it is the subject of a waiver request. Mr. Dryden noted
they are not proposing a sidewalk on the unimproved section because the right of way (ROW) is
so narrow and in order to preserve stone walls. Mr. Paul asked if the sidewalk on the new
section will have a greenbelt, and Mr. Dryden stated yes. Mr. Paul asked if the developer would
be willing to use a combination of steel anchors and wooden guardrails along the emergency
access road, and Mr. Dryden stated yes. Ms. Kramer noted it appears there is an open question
regarding pedestrian safety along Chamberlain St., and Mr. Dryden explained the challenges
associated with sidewalks along the unimproved section and noted they will have the plans
available at the site walk to explain the current conditions in the field. Mr. Paul stated he would
like to ask Town Counsel if there is a way, with permission from landowners, to increase the
ROW for a sidewalk. Ms. Kramer noted she would be willing to ask that question, but perhaps
there is a possibility for some type of hybrid solution creating a trail along the road more in
keeping with the scenic character of Chamberlain St. to maintain pedestrian safety especially in
view of access to the schools.
Mr. D'Urso noted the plan still proposes to extend two dead-end streets, and he is opposed to any
plan that looks like that. He noted the development is otherwise well planned, but as currently
designed is a non-starter for him. Mr. Paul stated he thought he would be the only one on the
Board who feels that way, but he too will not support a plan showing two dead ends. He noted
they have representatives here from the developer and the neighborhoods, but the Town is
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represented by zoning. He noted the plan as designed does not comply and this is not how they
should design a Town road.
Isabel Hart, 17 Chamberlain St., stated Chamberlain St. is about 1 mile long and children from
the new subdivision may end up walking great distances to and from school depending on their
eligibility for transportation services. Ms. Hart stated she commends the Board's safety
considerations with respect to road design, but allowing the emergency access to become a cut-
through will cause a far more dangerous situation and end up degrading two neighborhoods.
Chuck Dauchy, 25 Sanctuary Ln., stated he is speaking from the perspective of a retired
wetlands/stormwater consultant. He noted he reviewed the ConCom filing associated with this
development and endorses BETA's comments with respect to the stormwater management design
and hopes the issues will be addressed in the final analysis. He noted from his perspective as a
neighbor the proposal for a gated emergency access is a big plus, however, there is some concern
that even 20 ft. is unnecessarily wide and might potentially allow for some expansion in the
future. He suggested that the Planning Board and ConCom consider alternatives and look at
narrowing the access. He recommended narrowing the ROW to the minimum required
construction standard and put the open space under a conservation restriction to be held by an
independent nonprofit organization.
Don Keavany, 14 Whalen Rd., noted is he is a member of the Chamberlain Street Whalen Road
Coalition and appreciates Mr. Mastroianni's efforts to take the neighbors' concerns into
consideration. He noted it seems that two Board members already have made a decision on the
application, but the current proposal is consistent with zoning and the Town's master plan
preserving the integrity of neighborhoods and preserving/relocating/connecting trails. He asked
Board members David Paul and Frank D'Urso to first listen to the concerns of the neighbors, the
developer and other Town officials. Mr. Paul noted his comments were made after thorough
consideration, independently from those made by Mr. D'Urso. He noted he feels there is value in
upfront discussion and he is very open-minded.
Mr. Kistner noted it appears that some of the aspects of this application are not in compliance.
Mr. DeYoung stated the Board has to be open-minded, and there will be a more detailed
discussion as well as site walk. He asked if Mr. Paul and Mr. D'Urso have considered
alternatives. Mr. Ferrari noted the Board should consider everything before making a decision,
and Mr. Paul stated he did not make a decision yet. Mr. D'Urso moved to continue to the public
hearing to February 12, 2018 at 8:00 PM. Mr. DeYoung seconded the motion and the Board
voted unanimously in favor.
The Board took a 5 minute break.
7. Continued Public Hearings – Whisper Ridge (Whisper Way & Wood St.) – Special
Permit Applications for Open Space and Landscape Preservation Development &
Flexible Community Development (FCD) – 20th Century Homes
Mr. Ferrari noted Mr. D’Urso is the project liaison for this application. Ron Nation, 20th
Century Homes, and George Mihov and Elizabeth Mainini, Guerriere & Halnon, Inc., engineers,
appeared before the Board. In response to a question of Mr. D'Urso, Mr. Nation stated other
members of the development team are before the ConCom tonight.
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Mr. D'Urso summarized the discussions held so far, and referred to the public hearing outline
prepared for this application. It was noted that at the last meeting the Board voted to find that the
conventional 24-lot sketch/yield plan is viable. Mr. Mihov distributed copies of the revised
concept plan. He noted this concerns a plan for a 24-lot single family subdivision with a
common septic system. He noted there are four existing homes there now, stating the house
close to Wood St. will be demolished, two of the homes will be replaced, and the house in the
back will remain. He noted they propose a 3,500 ft. long, 20 ft. wide road, and altogether they
will preserve 25 acres of open space. He noted the Board asked them to take a more detailed
look at the wetlands, and their wetlands scientist verified the delineation determining there are no
major differences compared to 2003. Mr. Mihov stated at the request of BETA Group, the plans
now show a better delineation of the areas steeper than 25%., which are spread throughout the
subdivision. He noted the road as defined by the Subdivision Rules and Regulations should not
go through those steep areas, making it necessary to change the layout of the road which is now
slightly longer and ended up passing through the 100 ft. buffer in one area. In response to a
question, Mr. Mihov stated the roads have to maintain a 9% grade or lower. Mr. DeYoung stated
some of the lots have steep terrain, especially lots 16 and 17 with homes proposed right near the
bottom. He asked if there will be problems with runoff, and Mr. Mihov stated they are still
working on the main layout of the road, and the house locations are only conceptual. Mr. Kistner
asked if it is possible to move the road away from the buffer, and Ms. Mainini stated from a
regulation standpoint the cart path is the only area where they can get across. Ms. Mainini stated
the major reason for having the buffer is to screen a development like this from surrounding
properties, but this abuts Town land. She noted the waiver is for a small 200 ft. section, and it is
a good tradeoff considering the amount of open space being preserved. Mr. D'Urso noted it also
reduced the number of wetland crossings.
Mr. Paradis noted the applicant provided road profiles, and although it is going to be a
challenging site he does not think it is impossible to develop all the lots. He clarified that the
applicant so far only submitted an Abbreviated Notice of Resource Area Delineation (ANRAD)
to the ConCom, and a Notice of Intent (NOI) filing will be needed to determine the impacts of
the development although it appears a lot of the proposed work will be outside of the buffer. Mr.
D'Urso asked if the Planning Board needs feedback from the ConCom before moving forward
with a decision on the plan. Ms. Mainini stated they will submit an NOI concurrently with a
definitive subdivision application to the Planning Board. In response to a question of Ms.
Ritterbusch, Ms. Mainini stated there are 2 wetlands crossings associated with the proposed
development and she described the scope and location of each.
Mr. D'Urso asked about traffic, and Ms. Mainini stated a traffic study is not required at the
preliminary/concept stage and may not even be necessary at all. Mr. D'Urso noted two access
points off Wood St. are better than one, however a study may be beneficial because Wood St. is
a busy street and there will be more traffic coming out of previously quiet side streets. Ms.
Lazarus noted it may be good to address lines of sight on Wood St., and Ms. Mainini stated she
believes they already looked at this issue. The Board asked about the distance between the two
entrances to the development and the alignment with Patriots Blvd. across the street. Board
members asked about the need for traffic calming and Ms. Mainini stated the proposed road
layout does not lend itself to speed. Mr. D'Urso asked about off-site improvements and impact
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on abutters due to road widening. It was noted 3 out of the 4 existing homes will be removed
and/or replaced.
Mr. D'Urso asked about sidewalks along the new street and possibly along Wood St., and Mr.
Paul stated perhaps the two entrances could be connected by a sidewalk along Wood St. The
Board discussed the issue, and Mr. DeYoung stated he would normally not be looking for a
sidewalk on Wood St. in that area, but it would be good to create a fairly safe walking loop for
the residents. Mr. Nation noted he feels that would be a good idea. In response to a question of
Mr. D'Urso, Mr. Mihov noted the existing trailhead parking on Whisper Way will remain. Jane
Moran, 70 East Main St., stated she had previously asked about the possibility of having a
parking area large enough for horse trailers. She noted the HALT parking lot on Whisper Way is
not suitable for that purpose as designed, so she reached out to Mr. Nation who was receptive to
working on something like that for Whisper Ridge. She asked the Planning Board to consider an
area to accommodate a couple of horse trailer parking spaces in cooperation with the developer,
considering the subdivision's proximity to Cameron Woods with existing hiking and equestrian
trails. Mr. D'Urso asked if Mr. Nation has a spot in mind, and Mr. Nation noted he and Ms.
Moran first looked at an area at the base of the property along Wood St. but then decided there
would be a better place further into the site. The area in question, in the northeast corner of the
site, was discussed, along with possible layout and surface.
Ms. Ritterbusch asked about a sidewalk along the new road, and it was noted there will be a
sidewalk on one side, on the inside of the loop. Mr. Paul asked if Mr. Nation is planning on
curbs, and Mr. Nation stated he will probably go with a hybrid approach because of the steep
slopes in some locations. Mr. Kistner asked if pervious sidewalks would be a possibility, and Mr.
Nation stated he was told it does not work everywhere because of maintenance issues. Ms.
Mainini noted pervious surfaces are not really suitable for sidewalks. It was noted this type of
surface has to be "vacuumed" periodically. Mr. Paradis noted pervious surfaces work well in
well-maintained areas like parking lots at commercial buildings but he is not sure about public
roads and sidewalks.
Mr. D'Urso asked about stormwater management and Mr. Paradis stated this is only at the
preliminary concept phase, and typically that type of documentation is not expected now. He
noted this is a fairly straightforward subdivision design, and he does not see reasons why they
would not be able to meet the standards with the definitive plan. Mr. Mihov noted they are
requesting a waiver to be able to place some detention areas in the buffer zone, which is allowed
under the bylaw allows as long as it does not cover more than 5% of the open space. Mr. Mihov
stated they will ask for two waivers: 1) the open space perimeter buffer zone where they propose
to locate the roadway, and 2) detention basins in the open space. Ms. Mainini stated they are not
sure how many basins are needed but they have a general idea as to where they will be located.
Reference was made to utilities for the development, and Mr. Nation stated he will have Town
water and will try for natural gas. Mr. D’Urso asked about a commitment regarding municipal
water, and Chris Nation, 20th Century Homes, stated Eric Carty, Water & Sewer Manager, has
assured them he will be able to put something in writing based on the number of lots and detailed
plans. Mr. Paradis stated they may have to do some testing to make sure there is enough
pressure for the home on the top of the hill. Mr. Paul asked for clarification, and Mr. Paradis
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noted he was not sure if the home on the top of the hill has municipal water already. Mr. D'Urso
stated if municipal water is not possible they may be able to continue using the existing well as
long as it functions properly. Mr. D'Urso asked about the number of bedrooms vs. the capacity
of the shared septic system, and Ms. Lazarus stated that process will be handled by the Board of
Health and monitored during the building permitting process. Mr. D'Urso asked about the little
triangular piece of leftover land next to Rt. 495. Mr. Nation noted he is looking into it and thinks
he will be able to acquire the parcel which will then become part of the open space.
Reference was made to the special permit application submitted pursuant to the FCD bylaw. Mr.
Nation stated he prefers to make a payment in lieu of building the two required units.
In response to a question regarding the disposition of the open space, Mr. Nation noted he would
prefer to give the open space to the Town. Mr. Paul asked for clarification on the process to be
followed going forward. Ms. Lazarus noted the special permit allows the applicant to proceed
with a definitive subdivision application with a fully engineered plan. Mr. Ferrari referred to the
special permit approval criteria. Mr. Kistner stated he feels the Board should vote on the
application tonight in view of the applicant's time constraints and with so little left to do. The
Board discussed whether it is prepared to vote at this meeting, and it was noted that it does not
have a list of draft conditions. The Board discussed a date and time for a continued public
hearing and agreed to start early to expedite the process. Ms. Kramer moved to continue the
public hearing to February 12, 2018 at 7:00 P.M. Mr. DeYoung seconded the motion and the
Board voted unanimously in favor.
8. Zoning Articles for Annual Town Meeting - Continued Discussion
John Coutinho, Chair, Zoning Advisory Committee, appeared before the Board. He noted this
year’s ZAC session was very interesting because of the large membership, 20 people in total.
The Board continued its review of the proposed articles for annual town meeting.
b) Statutory Protection for Building Permits and Special Permits - Ms. Lazarus noted the
proposed change would conform to a 2016 change to the statute, extending the protection to 12
months. Ms. Kramer moved to submit the article into the annual town meeting warrant. Mr.
D’Urso seconded the motion and the Board voted unanimously in favor.
c) Fine for Zoning Violations – Mr. Coutinho noted the change would allow the Director of
Municipal Inspections/Zoning Enforcement Officer to issue fines up to the amount allowed by
state statute. It was noted the maximum in the statute is $300/day. Mr. Kistner moved to submit
the article into the annual town meeting warrant. Mr. D’Urso seconded the motion and the
Board voted unanimously in favor.
d) Amendments to “Conversion” Bylaw – Mr. Coutinho noted the bylaw currently allows a
single family home to be converted into a multifamily dwelling with up to 4 units by special
permit, and the ZAC has recommended changing it to a maximum of 2 units and requiring owner
occupancy. He stated this was proposed by the Board of Appeals. Ms. Lazarus noted the Board
of Appeals was uncomfortable with a recent application of this nature and wanted the ZAC to
take a look at the bylaw. She noted there have been 8 such applications since 1991 and there was
concern regarding future applications for conversion to 4 rentals without the owner occupancy
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requirement. Ms. Kramer stated 8 since 1991 is not a big increase, and Mr. Coutinho noted they
are trying to stay ahead of possible problems. Ms. Kramer stated the requirement for owner
occupancy may be valuable, but it is better, not worse to have a wider variety of housing options.
Mr. Kistner asked if the article can be amended, and Ms. Lazarus replied yes, or the Board can
decide to pull the article altogether. Mr. Ferrari recommended moving forward to the public
hearing, and Mr. Kistner suggested setting the maximum at 3. Ms. Ritterbusch moved to submit
the article into the warrant. Mr. Paul seconded the motion and the Board voted 4 in favor with 2
opposed (Ferrari, D’Urso) and 1 abstention (Kistner).
e) Modify Hotel Overlay District (HOD) Area – It was noted that the proposal is to add land to
the HOD off Parkwood Drive and South St., and to remove land off Lumber St. Mr. Paul moved
to submit the article into the annual town meeting warrant. Mr. DeYoung seconded the motion
and the Board voted unanimously in favor.
f) Maximum Building Height – Industrial A (IA) and Industrial B (IB) Districts – The Board
reviewed the proposed changes, which would remove the reference to the number of stories and
affect the height in the Hotel Overlay District off Parkwood Dr. Ms. Lazarus noted physical
height of the building is arguably more important than the number of stories. Mr. Kistner moved
to submit the article into the warrant. Mr. D’Urso asked for clarification on Draft Article 1, and
the wording of Draft Article 3 was amended at the suggestion of Mr. Paul. Mr. D’Urso seconded
the motion, and the Board voted unanimously in favor to put the article into the warranted as
amended.
g) Accessory Dwelling Unit – Mr. Coutinho stated the Accessory Dwelling Unit bylaw was
adopted in 1993. He noted the ZAC voted to recommend changing the bylaw by establishing
“mini” accessory dwelling units that are allowed by right as long as they are less than 800 s.f.
and located inside the single family dwelling. In response to a question of Mr. Kistner, Ms.
Lazarus noted if the property is sold the new owners are required to submit an affidavit that the
unit will continue to be used in a manner prescribed in the bylaw. Ms. Ritterbusch moved to
submit the article into the town meeting warrant. Mr. DeYoung seconded the motion and the
Board voted 5 in favor, with 2 abstentions (D’Urso, Kramer).
h) Recreational Marijuana - It was noted the article would repeal the temporary moratorium on
recreational marijuana establishments and would replace it with an article prohibiting such uses,
and that medical marijuana facilities will not be affected. Ms. Lazarus noted it is essentially the
continuation of the process to prohibit recreational marijuana facilities in Hopkinton. Mr.
Kistner moved to submit the article into the town meeting warrant. Ms. Kramer seconded the
motion. Mr. D’Urso stated there are a lot of issues with this article, for instance the lack of a
doctor on the ZAC, and they should not be telling "no" to medical testing facilities and
cultivators, interfering with legal businesses. Mr. DeYoung noted that is an excellent point, but
questioned whether it is germane to the discussion. The Board further discussed the article, and
voted 4 in favor and 3 opposed (Ritterbusch, Kramer, D’Urso) of the motion.
i) Lighting Regulations - Ms. Kramer suggested reserving a place on the warrant for an article
introducing new lighting regulations relative to light that shines out of windows at night with
respect to non-residential properties. Mr. Kistner moved to submit the article into the warrant.
11
Ms. Ritterbusch asked if that is ok to do, and Ms. Lazarus stated the Board may submit articles,
and she has a draft from the ZAC when it discussed this issue. Mr. D’Urso seconded the motion.
Ms. Lazarus asked for clarification, noting it would just concern interior light that becomes an
external feature, for instance for advertising purposes, excluding lights for security, safety and
backup features. The Board voted unanimously in favor of the motion.
9. Future Agenda Items
It was decided to a discussion of the interview process for the Principal Planner position as a
future agenda item.
Mr. D'Urso moved to adjourn the meeting. Mr. DeYoung seconded the motion and the Board
voted unanimously in favor.
Submitted by: Cobi Wallace, Permitting Assistant
Adjourned: 10:25 P.M.
Approved: March 12, 2018
Documents Used at the Meeting
Agenda for Hopkinton Planning Board for January 22, 2018
Memorandum from Jennifer Burke, Principal Planner, to Planning Board, dated January 17, 2018, re: Items on
January 22, 2018 Planning Board Agenda
Letter from Peter S. Bemis, Engineering Design Consultants, Inc., to Hopkinton Planning Board, dated January
16, 2018, re: Site Plan Review, 45 South Street, Hopkinton, Massachusetts; plan entitled As-Built 45R South
Street Hopkinton, Massachusetts 01748, dated November 28, 2017, prepared by Engineering Design
Consultants, Inc.
Zoning Advisory Committee Recommendations to Planning Board Voted Through December, 2017
Public Hearing Outline – Chamberlain Street & Whalen Road Subdivision; Letter from Philip F. Paradis, Jr. and
Christopher Luppino, P.E., BETA Group, Inc., to Town of Hopkinton Planning Board, attn.: Ms. Jennifer
Burke, Principal Planner, dated January 11, 2018 re: Chamberlain St. & Whalen Rd Definitive Residential
Subdivision Plan Peer Review; plans entitled Definitive Subdivision Plan (for) Chamberlain Street and Whalen
Road, Town of Hopkinton, dated 20/11/2017, prepared by Bohler Engineering
Public Hearing Outline – Whisper Ridge Subdivision; plan entitled Open Space Subdivision Plan, Whisper
Ridge in Hopkinton, MA, dated January 04, 2018, prepared by Guerriere & Halnon, Inc.