HomeMy Public PortalAbout20200224 - Planning Board - Agenda PacketHOPKINTON PLANNING BOARD
Monday, February 24, 2020 7:30 P.M.
Large Event Room
Hopkinton Public Library
13 Main Street, Hopkinton, MA
AGENDA
1.Administrative Items
a.Approval Not Required - Stoney Brook
b.Sidewalk Survey Update
c.Minutes of January 13, 2020; January 27, 2020
2.Continued Public Hearing -Maspenock Woods (West Elm Street)-Maspenock Woods
Realty Trust
Proposed amendments to the Special Permit and approved Site Plan pursuant to the Garden
Apartments in Residential Districts Bylaw,to allow demolition and replacement of the existing
dwelling at 5 West Elm Street.
3.Continued Public Hearing -Amendment to Approved NMU Site Plan -27 Lumber
Street/Hopkinton Tennis Club - Crandall-Hicks Company
Proposed reduction of the gross floor area from approximately 39,000 s.f. to 30,000 s.f., reduction
of the number of tennis courts from 10 to 8, and change of the location of the swimming pools to
the southern side of the building.
4.New Public Hearing -Preliminary Subdivision Plan -Leonard Street/Box Mill Road -Rick
Barbieri
Proposed construction of a paper street to allow for access to additional lots.
Business to be considered by the Board at any time during the meeting:
●Legacy Farms Road/East Main Street Traffic Light Status
●Lumber Street/West Main Street improvements
●Legacy Farms North (Section formerly known as Rafferty Road) - Discussion about disrepair
●Main Street Downtown Corridor discussion
●Municipal Vulnerability Preparedness and Climate Change discussion
●Future agenda items, correspondence
The listed matters are those reasonably anticipated by the Chair to be discussed at the meeting.Not all items may in fact be
discussed and other items not listed may also be brought up for discussion to the extent permitted by law.
Town of Hopkinton
Department of Land Use, Planning, and Permitting
18 Main Street, Hopkinton MA 01748
(508) 497-9745
DATE: February 20, 2020
TO: Planning Board
FROM: John Gelcich, Principal Planner
RE: Items on Planning Board Agenda, February 24, 2020
Contents:
1.Administrative Items (Files online at: 02-24-20 Meeting Administrative Files)
1.1.Approval Not Required - Stoney Brook
1.2.Sidewalk Survey Update
1.3.Minutes of January 13, 2020; January 27, 2020
2.Maspenock Woods (West Elm Street)-Maspenock Woods Realty Trust (Files online
at: Maspenock Woods Files)
3.27 Lumber Street -Amendment to Approved NMU Site Plan -Hopkinton Tennis Club
-Crandall-Hicks Company (Files online at:27 Lumber Street -Hopkinton Tennis Club Files)
4.Preliminary Subdivision Plan -Leonard Street/Box Mill Road -Rick Barbieri (Files
online at: Box Mill-Leonard Street Files)
5.Zoning Board of Appeals Notices (Files online at:02-24-20 Meeting Administrative
Files)
6.Next Meetings
1.0 Administrative Items
Files for Administrative items can be found online at:02-24-20 Meeting Administrative Files
1.1.Approval Not Required - 47, 49 Stoney Brook Road
The proposed ANR is related to a common driveway Special Permit application, which will be on a future Planning Board agenda.The Applicant has indicated
that they intend on withdrawing this ANR submission to be resubmitted closer to the hearing date for the Special Permit,however,no official request has been
received at this time.
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1.1.1.Description
The proposed division of land is to transfer two small parcels from one
owner (Lot 13D)to another (Lot 12E).The plan is available online at the
following link: 02-24-20 Meeting Administrative Files.
1.1.2.Recommendation
The plan appears entitled to endorsement and a decision is due by March
5, 2020.
1.2.Sidewalk Survey Update
The Planning Board’s sidewalk survey has gone live and many responses have been received.The plan is to have the survey live for about a month (or until the
responses trail off significantly)in order to have a summary of results for Town Meeting.
1.3.Minutes of January 13, 2020; January 27, 2020
2.0 Maspenock Woods -Proposed amendments to Special Permit and Site Plan Approval for demolition and replacement of existing dwelling unit at 5 West Elm
Street
2.1.Background The application described below was submitted to the Board on October 31,
2018 (modified March 7,2019 to include a request to amend the Special Permit), April 10,2019,and May 14,2019.The minor site plan modifications to units 21,
22, 23, and 24 was approved by the Planning Board previously.
●Public hearing for proposed amendments to Special Permit and Site Plan Approval -Garden Apartments in Residential Districts (Article XIII).The
applicant proposes to modify the previously granted waiver for house location for the dwelling unit at 5 West Elm Street,to be located
approximately 50 feet from West Elm Street and 27.2 feet from the northern property line.The applicant proposes to demolish the existing
dwelling unit and rebuild a single dwelling unit in its place,in a different location on the site.
The previous decision (dated December 20,2005)approved a waiver of the
100-foot setback for buildings (allowed for reduction to 75 feet).A second
waiver,for the setback requirements for 5 West Elm Street specifically,was
granted to allow for retention of the existing house in its present location.The
setback for the side yard was determined to be 48 feet.
2.2.Recent Updates
The Applicant has gone before the Design Review Board on January 21st and the
Conservation Commission.Both Boards recommended modifications to the
proposed plan,and therefore the Applicant intends on modifying the plan to
conform to these recommendations prior to presenting to the Planning Board
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for approval.Revised drawings are included in the project folder,however,the
Applicant has requested a continuation to February 24th.
2.3.Regulatory Review
Setback Requirements of Garden Apartments in Residential District
(“GARD”) (§210-74.B.(7)) (emphasis added):
All buildings must be located a minimum of 100 feet from any side or rear lot line
and 100 feet from any established street layout or,where applicable,any defined
street line of a public road,which street setback area shall be undeveloped and/or
landscaped.Upon a finding by the Planning Board that a setback of lesser width
would be sufficient to screen and/or separate the development from adjacent
property,or would allow a historic structure to be preserved,the setback may
be reduced.The Board may require no-cut easements,conservation restrictions,
historic preservation restrictions or the like where the setback has been reduced.
Buildings shall be located a minimum of 20 feet from interior roadways and
driveways which are not considered streets or public roads.
The underlying zoning of the site is the Residential B (RB)district.The
requirements of the GARD supersede the requirements of the RB,however,this
dimensional information is provided for informational purposes.The setback
requirements of this district are detailed below:
Minimum setback from the street line:50 feet
Minimum side yard width:25 feet
Minimum rear yard width: 20 feet
2.4.Relevant Materials
●Revised Building Plan - 5 West Elm, dated 02/03/20
●Design Review Board Recommendation, dated 02/20/20
All materials for this application are located in a public shared folder on Google
Drive at the following link: Maspenock Woods Files
2.5.Comments Received
Board of Health Comments:
The Board of Health submitted a letter dated June 10,2019 stating the following
comments:
Provided that the next changes in area do not reduce and/or negatively impact any
previously approved regulatory offsets, the Department has no comment.
The Department looks forward to a review of the site development plans for 5 West
Elm Street.
2.6.Public Hearing Outline
1.Project introduction and review - Applicant
2.Staff Report
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3.Consultant Review
4.Planning Board members and Public – Add to Detailed Discussion items
5.Detailed Discussion, with Public Comment for each topic
5.1.Vehicular and pedestrian traffic flow; truck traffic flow;
emergency vehicle access
5.2.Intended uses
5.3.Stormwater management
5.4.Site lighting
5.5.Utilities; Water/Sewer use
5.6.Parking lot layout; dumpster location; snow storage/snow
removal
5.7.Noise; HVAC/exhaust systems; Screening of HVAC (if
applicable)
5.8.Crosswalk location; Sidewalks
5.9.Building design and landscaping
5.10.Historic Structures (if applicable)
5.11.Signage
5.12.Solar Panels/alternative energy
5.13.Affordable Housing Units (if applicable)
5.14.Impacts on: 1) schools; 2) other municipal services; 3) value of
neighboring residential properties
5.15.Town Department and Board/Committee Comments not
covered above
6.Additional or New Comments and Information
7.Standards/Findings
7.1.Discuss Site Plan standards and plan revisions to be made (if
applicable)
7.2.Discuss Special Permit findings (if applicable)
7.3.Discuss findings and standards for other approvals (if
applicable)
8.Discuss/Vote on waivers (if applicable)
9.Discuss conditions of approval
10.Final public comment
11.Vote to close public hearing
12.Vote on Permits being requested
2.7.Decision Criteria
Special Permit Approval Criteria (§210-75.A.(1)(d))
Approval criteria.Before the Planning Board may issue the special permit,it shall
determine each of the following:
1.That the proposed development constitutes a desirable development in
the neighborhood and in the town.
2.That the proposed development will not be detrimental to the
neighborhood or the town.
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3.That the plans generally provide adequately for convenience and safety
of vehicular and pedestrian movement within the site and in relation to
adjacent streets,property or improvements,with the understanding that
review of such items will be more detailed at the site plan stage.
4.That the plans appear to provide adequate methods of disposal of
sewerage,refuse and other wastes,adequate methods for drainage for
surface water and seasonal flooding,if any,and adequate provision of
water for domestic purposes,with the understanding that review of such
items will be more detailed at the site plan stage.
5.That the plan complies with the Master Plan.
6.That the provisions of § 210-72A and B of this article have been met.
7.That the Town of Hopkinton has not met the statutory goal to provide
10%of its housing stock as affordable housing pursuant to Sections 20
through 23 of Chapter 40B of the Massachusetts General laws.Note:
This criterion was adopted after the project was approved,therefore
this does not apply to this project.
For previous amendments voted by the Board,it was determined that if
proposed changes to the project did not affect or modify these items,then the
criteria continued to be met (or not met, if applicable).
Site Plan Approval Criteria (§210-75.A.(2)(d))
Approval criteria.
1.Before the Planning Board may approve the site plan,it shall determine
each of the following:
a.That the plans provide adequately for convenience and safety of
vehicular and pedestrian movement within the site and in relation to
adjacent streets, property or improvements.
b.That the plans assure the adequacy of the methods of disposal of
sewerage,refuse and other wastes and the methods of drainage for
surface water and seasonal flooding, if any.
c.All of the provisions of this Chapter,including §210-72A and B,have
been complied with and all necessary special permits and variances
have been granted from the Board of Appeals.
2.If the Planning Board does not make all of the above determinations,it
shall deny the application stating its reasons for such denial.
Pursuant to §210-75.B.,the approved garden apartment site plan may be
modified or amended by the Planning Board on its own motion or,as with this
case,upon application by the developer.If the Board determines that such
modifications are significant,it shall hold a public hearing in accordance with the
requirements and process of a new site plan submission,as set forth in
§210-75.A.(2).The Board should determine whether the modifications proposed
are considered significant.If so determined,the project will be advertised and
noticed as required.If determined not to be significant,the Board is able to
approve the changes at this hearing.
2.8.Board Actions
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The application before the Board is for an amendment to the Site Plan Approval
for the relocation of the dwelling unit at 5 West Elm Street.A modification of the
Site Plan Approval requires a majority vote of the Board (5 votes).Dave Paul and
Deb Fein-Brug need to sign a missed meeting form to be eligible to vote.Jane
Moran is not eligible to vote. A decision is due 03/10/20.
2.9.Other
2.9.1.Proposed Conditions
●Pursuant to Section 210-137 of the Zoning Bylaw,a Town
Clerk-certified version of this Decision of Site Plan Review shall be
recorded at the Middlesex County Registry of Deeds prior to the
issuance of a building permit for the work that is subject to this
Decision of Site Plan Review.
●The Director of Municipal Inspections inspects projects under
construction for compliance with the approved Decision of Site
Plan Review.This includes the driveway/roadway and
infrastructure construction shown on the Plan.If the Director of
Municipal Inspections determines at any time before or during
construction that a registered professional engineer or other such
outside professional is required to assist with the inspections of
the storm water management system or any other component of
the Site Plan,the Applicant shall be responsible for the cost of
those inspections.
●All construction activities shall adhere to applicable local,State and
Federal laws and regulations regarding noise,vibration,dust,
sedimentation,and the use of,interference with or blocking of
Town roads.
●The Applicant shall be responsible for mitigating all
construction-related impacts,including erosion,siltation and dust
control.The Applicant shall maintain all portions of any public way
used for construction access free of soil,mud or debris deposited
due to use by construction vehicles associated with the project,
and shall regularly sweep such areas as directed by the Director of
Municipal Inspections in consultation with the DPW Director.
●The Applicant shall regularly remove construction trash and debris
from the site in accordance with good construction practice and
the Construction Management Plan.No tree stumps,demolition
material, trash or debris shall be burned or buried on the site.
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●All exterior lighting within the Development Project,whether
shown on the approved Site Plan or required by the
Massachusetts State Building Code,shall be shielded,directed
downward and not upward or outward,and shall not spill onto
adjacent property.
●All fixed mechanical equipment on the Site shall be screened from
view from the ground.Such screening shall be sufficient in the
opinion of the Director of Municipal Inspections.
●All dumpsters on the Site shall be screened from view from the
ground by a six-foot tall solid fence or other effective means,
adequate in the opinion of the Director of Municipal Inspections.
●In accordance with Section 210-138 of the Zoning Bylaw,the
Applicant shall provide a performance guarantee in the amount of
$DOLLARS to the Town prior to the commencement of
construction pursuant to this Decision.The guarantee shall consist
of a deposit of money or negotiable securities in a form selected
by the Planning Board to guarantee that any unforeseen problems
which arise,such as erosion and sedimentation,the correction of
site lighting problems,danlage to street trees,damage to
pavement,and damage to signs,are addressed.The funds will be
held by the Town and returned to the Applicant upon completion
of the project.
●All sidewalks (if proposed)within the project shall comply with ADA
regulations.
●If construction has not commenced within two (2)years of the
date of filing of the Site Plan decision with the Town Clerk,
approval shall be automatically rescinded,unless such time is
extended by the Board.For the purposes of this condition,the
term "commenced" shall mean the commencement of site work.
●A completed,signed Construction Management Plan shall be
submitted to the Planning Board prior to the commencement of
any site work.The Applicant shall also submit a revised full Site
Plan Set which incorporates all of the modifications made during
the public hearing process and any required in this Decision.
●Erosion and sedimentation control measures shall be
implemented during the construction period,in accordance with
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the approved Site Plan and the Construction Management Plan.If
they are found to be inadequate,the Applicant shall immediately
correct any deficiencies.
●The Planning Board shall receive a sign off confirming that the site
contractor and any major subcontractors have received the
Construction Management Plan prior to the commencement of
any site work.
●Construction may occur only between the hours of 7:00 AM and
7:00 PM Monday through Friday and Saturdays between 8:00 AM
and 4:00 PM pursuant to Chapter 141 Article I of the Town of
Hopkinton General Bylaws.
●The Applicant shall submit final as-built plans to the Planning
Board prior to the issuance of a Certificate of Occupancy.
3.0 27 Lumber Street -Amendment to Approved Site Plan -Hopkinton Tennis Club -
Crandall-Hicks Company
3.1.Background
The Planning Board approved the Site Plan application for this project in
December of 2015.The approved project consisted of a two-story,±39,000
square foot building,ten (10)tennis courts,pools,and an air supported
structure.The Master Plan Special Permit was approved prior to the site plan
application and covered an area larger than this site.
The currently proposed project includes a two-story,±30,000 square foot
building,eight (8)tennis courts,and swimming pools.Five of the eight tennis
courts will be covered year-round with an air supported structure,with the
remaining three and the pools uncovered during the warm months and covered
during the cold months.The site layout has also changed with respect to the
location of the tennis courts and pools,as well as the footprint of the building
itself.
The only item outstanding is clarification from the Fire Department as to the
sprinklering of the air structures.It has been indicated that this issue will not be
resolved in the near future,as the process for approval needs to go through an
appeal process which may take a significant period of time.However,it is
anticipated that this should not affect the Planning Board’s approval of the
modifications, should the Board determine that to be warranted.
3.2.Recent Updates
The Applicant has requested a continuation to the February 24th meeting in
order to finalize the issue related to sprinklers in an air structure.
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3.3.Regulatory Review
The proposed modification is larger than 5,000 square feet,therefore classifying
the proposed work as a major project.
§210-136.1 Site Plan Standards
The site plan shall be designed to conform to the following Site Plan Standards:
A.Site disturbance in wetland buffer zones and to slopes in excess of 25%shall
be minimized.
B.Unique natural and historic features shall be preserved whenever feasible,
and the use of §210-117.2,Lots with Historic Structures,shall be considered
as a mechanism to do so, where appropriate.
C.Tree, vegetation and soil removal shall be minimized.
D.The site activities shown on the Site Plan shall be screened from view from
abutting properties in residential use.Methods of screening may include
solid fencing,landscaping or other proposals of the Applicant,subject to
review by the Planning Board.Such screening may be located on or off-site.If
located off-site,written permission of the off-site property owner shall be
provided to the Board.
E.All utilities shall be underground.
F.Exposed storage areas,machinery,service areas,truck loading areas,utility
buildings and structures and other similar uses shall be visually screened
from abutting properties and those using public ways.Screening methods
may consist of solid fencing,landscaping or similar proposals submitted by
the Applicant, subject to review by the Planning Board.
G.The site plan shall show measures to reduce and abate noise and odors
generated from the site that will impact surrounding properties.
H.The site plan shall comply with all zoning requirements.
I.The site plan shall maximize the convenience and safety of vehicular and
pedestrian movement within the site and to and from adjacent public ways.If
supporting documentation,such as a traffic or parking study,submitted to
the Planning Board indicates that the vehicular and pedestrian traffic
movement depicted on the site plan and proposed in the application will
have a significant negative impact or impacts on the site or within the
adjacent ways, such impacts shall be mitigated by the Applicant.
J.Parking areas shall be designed so that they are safe and convenient and do
not detract from the use and enjoyment of proposed structures.Parking
areas shall be designed to facilitate safe pedestrian access to the structures
and other on-site facilities.
K.The site plan shall minimize the number of curb cuts on public ways.
L.Driveways shall be designed to ensure safe sight distances at interior and
exterior intersections and along driveways,in accordance with applicable
AASHTO requirements.
M.Sidewalks shall be provided along the entire frontage of the subject property
along existing public ways.The Planning Board may approve alternative
provisions or waive the requirements of this Standard in situations where
sidewalk construction or use is not feasible or practical.
N.Levels of illumination shall be provided as follows:[Amended 5-6-2015 ATM.
Art. 36]
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(1)No property may have exterior lighting that exceeds the average
illumination level recommended by the Illuminating Engineering
Society of North America for such use as set forth in “Lighting Facilities
for Parking Facilities,”Illuminating Engineering Society,2014 and “The
Lighting Handbook,” 10th Ed., Illuminating Engineering Society, 2011.
(2)For pole mounted lights in parking and driveway areas,the height of
the light source shall not exceed 15 feet,which shall be measured
from the ground at the base of the pole to the bottom of the fixture.
(3)Pedestrian area lighting shall utilize fully shielded fixtures,and the
height of light source shall not exceed 12 feet,measured from the
ground at the base of the pole to the bottom of the fixture.
(4)No exterior lighting may interfere with the safe movement of motor
vehicles on public ways or private ways open to the public.
(5)Mercury vapor lamps shall be prohibited.
(6)Uplighting shall be permitted only when used in one of the following
manners:
(a)To light a primary entrance,when the fixture or lamp is
wall-mounted under an architectural element (e.g.,roofs over
walkways,entries or overhanging,nontranslucent eaves)so
that the uplighting is fully captured;
(b)To light local, state or national flags; or
(c)To highlight or illuminate a building facade or landscaping,or
to highlight or illuminate statues or monuments.
(7)Floodlighting shall be permitted only if a fully shielded fixture is
utilized and no lighting will fall onto the property of others.
(8)Safety and security lighting shall use motion sensors,photocells,or
photocells or timers to control duration of nighttime illumination.
(9)Exterior lighting of recreation facilities shall utilize fully shielded
fixtures and,except as authorized by Special Permit or Site Plan
Approval,shall be turned off by 10:00 p.m.or at the conclusion of an
activity begun before 10:00 p.m.;provided,however,that in any event
the exterior lighting shall be turned off by midnight.
(10)Blinking,flashing,moving,revolving and flickering lights,as well as
lighting that changes intensity or color shall be prohibited except for
lighting for public safety or traffic control and lighting required by the
U.S.Federal Aviation Administration for air traffic control and warning
purposes.
(11)Notwithstanding any provisions of this subsection to the contrary,
sidewalks that run along the perimeter of a site and are in a public
right of way or on abutting property may be illuminated,and
illumination may spill onto abutting non-residential property if
requested in writing by the abutting property owner.
Exterior lighting that does not conform to the provisions of this
subsection may be allowed by special permit from the Planning Board
if the Planning Board finds that such exterior lighting will be
consistent with the Purposes of this Article,or that there are other
demonstrable community,health,safety or welfare benefits that will
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be served by the exterior lighting.No special permit may be granted
pursuant to this subsection unless the Planning Board determines
that the proposed exterior lighting is appropriate for the size and use
of the property, any buildings thereon, and the neighborhood setting.
O.Adequate access shall be provided to each structure for emergency vehicles
and personnel.
P.The site plan shall conform to applicable Massachusetts Department of
Environmental Protection Stormwater Management Regulations.The site
plan shall show adequate measures to prevent pollution of surface water
and groundwater,to minimize erosion and sedimentation and to prevent
changes in the potential for flooding.Stormwater management facilities shall
be designed so that neighboring properties,public ways and public storm
drainage systems will not be adversely impacted.
Q.Mechanical equipment or other utility hardware on the roof,grounds or
buildings shall be screened from view from the ground.
R.All dumpsters shall be screened from public view.
3.4.Relevant Materials
●No new information has been received.
All materials for this application are located in a public shared folder on Google
Drive at the following link: 27 Lumber Street - Hopkinton Tennis Club Files.
3.5.Comments Received
John Westerling, DPW:
The DPW’s comments from the previous submission (related to water main
extension,paving,etc)remain valid for the new submission.(Principal Planner
note: the comments from 2015 are below):
1.The applicant shall file an application for a road opening permit with the
DPW.
2.The applicant shall provide a temporary trench patch of a thickness equal
to that of the existing pavement,or 3.5”thick,whichever is greater.That
patch shall be in place for one winter season.
3.After one winter season,the temporary patch shall be removed and
replaced with permanent trench patch of a thickness equal to that of the
existing pavement, or 3.5” thick, whichever is greater.
4.Once the permanent patch is constructed,the applicant shall construct a
full-width (curb to curb)overlay of “rubber chip seal”that same
construction season.The construction of the “rubber chip seal”shall be
constructed in accordance with Town of Hopkinton Public Works standards
for the entire length of roadway disturbed by any utility installations.
Shaun McAuliffe, BOH:
●The permit and approved plan for the septic system expired on
December 21,2018.The applicant must submit a new application,plan
and fees for the project.
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●Prior to the start of construction,the Hopkinton Health Department
licensed installer must obtain a Disposal Works Construction Permit Job
Card from the office.
●The septic system designer must establish a benchmark and locate the
system for construction.
●No water,gas or electric utilities are permitted over the Soil Absorption
System.
●No footings for lights,etc.are permitted on or into the Soil Absorption System area.
●Access must be provided for tank service.
●An Operation and Maintenance manual must be developed for the system.
●The Operation and Maintenance manual must provide for an annual
"Spray" test using the sanitary "clear pipe" method.
●Copies of the Operation and Maintenance manual must be available at
each Alarm/Pump Control Site Station.
●An internal grease trap may be required based on the building design.
●Any irrigation wells must meet all Hopkinton Well Regulations.
●The wading/special purpose pool,swimming pool,spa,bathhouse and
sanitary facilities must be constructed and maintained in accordance with
105 CMR 435 Minimum Standards for Swimming Pools.
●The proposed kitchen must be constructed and maintained in accordance with the 2013 Federal Food Code,105 CMR 590 State Sanitary Code and
all applicable local regulations.
3.6.Decision Criteria
Section 210-248 of the Hopkinton Zoning Bylaw states that the Planning Board
shall approve an application for Site Plan Review if it finds that:
(1)The Site Plan conforms to the Master Plan Special Permit; and
(2)The Site Plan conforms to the Site Plan Standards set forth in §210-136.1
of the Zoning Bylaw.
The Master Plan Special Permit and the previously issued Site Plan decision for
this project is included with the project materials.
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3.7.Public Hearing Outline
1.Project introduction and review - Applicant
2.Staff Report
3.Consultant Review
4.Planning Board members and Public – Add to Detailed Discussion items
5.Detailed Discussion, with Public Comment for each topic
5.1.1.Vehicular and pedestrian traffic flow; truck traffic flow;
emergency vehicle access
5.1.2.Intended uses
5.1.3.Stormwater management
5.1.4.Site lighting
5.1.5.Utilities; Water/Sewer use
5.1.6.Parking lot layout; dumpster location; snow storage/snow
removal
5.1.7.Noise; HVAC/exhaust systems; Screening of HVAC (if
applicable)
5.1.8.Crosswalk location; Sidewalks
5.1.9.Building design and landscaping
5.1.10.Signage
5.1.11.Solar Panels/alternative energy
5.1.12.Impacts on: 1) schools; 2) other municipal services; 3) value of
neighboring residential properties
5.1.13.Town Department and Board/Committee Comments not
covered above
5.1.13.1.Code Enforcement
5.1.14.Walkway
5.1.15.Trails
6.Additional or New Comments and Information
7.Standards/Findings
7.1.1.Discuss Site Plan standards and plan revisions to be made (if
applicable)
7.1.2.Discuss Special Permit findings (if applicable)
7.1.3.Discuss findings and standards for other approvals (if
applicable)
8.Discuss/Vote on waivers (if applicable)
9.Discuss conditions of approval
10.Final public comment
11.Vote to close public hearing
12.Vote on Permits being requested
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3.8.Board Actions
The Board’s votes on the submitted materials will consist of:
●For Site Plan Review -Decision is due 90 days after the close of the public
hearing and a simple majority vote is required for approval,disapproval,
or approval with conditions.Deb Fein-Brug needs to sign the missed
meeting form. Otherwise, all members are eligible to vote.
3.9.Other
3.9.1.Requested Waivers
No new waivers are requested or required as a result of the plan
modifications.The previously granted Waivers listed below are still
necessary:
Town of Hopkinton Zoning Ordinance:
Section 210-136.1.M.–Sidewalks shall be provided along the entire
frontage of the subject property along existing public ways.
Section 210-136.1.N -To allow for pole-mounted lights that do not
conform to the site plan standards.
Master Plan Special Permit: Appendix A – Design Guidelines
Section G.–A sidewalk and/or walking path,suitable for use by the
public,shall be provided along or near the entire frontage of the NMU
District along public ways.
3.9.2.Proposed Conditions
The conditions imposed on the previous approval that may continue to
be applicable are listed below:
●Master Plan Special Permit Condition #24 requires that all
additional utility and telecommunications lines providing service to
the Site shall be installed underground.All utility service shall be
underground.
●The Applicant has requested a waiver of MPSP Condition #30 and
Design Guidelines Section G with respect to the construction of a sidewalk along Lumber Street.The Board grants the requested
waiver so that the Applicant is not required to construct a sidewalk along Lumber Street from the Site driveway to the south.
However,in lieu of constructing the sidewalk to the south,the
Applicant shall construct a sidewalk along Lumber Street to the
north,connecting to a planned sidewalk network.Specific
conditions related to this requirement are outlined in Condition
#4.
●Site Plan Standard I requires that the Site Plan maximize the convenience and safety of vehicular and pedestrian movement
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within the site and to and from adjacent public ways.Lumber
Street was recently resurfaced by the Town,and utility extensions
will require disturbance to the roadway.Therefore,the Applicant
shall comply with the following conditions to maintain the
standards and quality of the roadway and ensure convenience and
safety:
○The Applicant shall file an application for a road opening permit with the Hopkinton Department of Public Works
(DPW).
○The Applicant shall provide a temporary trench patch of a
thickness equal to that of the existing pavement,or 3.5"
thick.whichever is greater.That patch shall be in place for
one winter season.
○After one winter season,the temporary patch shall be removed and replaced with permanent trench patch of a
thickness equal to that of the existing pavement.or 3.5" thick, whichever is greater.
○Once the permanent patch is constructed,the Applicant
shall construct a full-width (curb to curb)overlay of "rubber
chip seal"that same construction season.The construction
of the "rubber chip seal"shall be constructed in accordance
with Town of Hopkinton Public Works standards for the
entire length of roadway disturbed by any utility
installations.
●Site Plan Standard M requires that sidewalks shall be provided along the entire frontage of the subject property along existing
public ways.The Board may approve alternate provisions or waive the requirements of this Standard in situations where sidewalk
construction or use is not feasible or practical.The MPSP and the Design Guidelines also require a sidewalk to be constructed along
the entire road frontage of the NMU District.
The Board noted that the Site is at the southern end of the NMU
District and there are no plans for a sidewalk network to the
south.The Board finds that a southerly extension of the sidewalk
is not practical given the character of the area,the adjacent land
uses and the lack of significant development potential within
walking distance.However,a sidewalk network is planned to the
north,where the land is commercially zoned,commercial and
residential development within the NMU District is under
construction,and additional commercial development on the west
side of Lumber Street is likely.The Site is separated from the NMU
District sidewalk network by Lot 5,which will be Open Land,and
by Lot 4,a parcel set aside for future commercial development.
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This Condition requires that the Applicant construct a sidewalk to
the north in lieu of a sidewalk to the south.
The Applicant shall construct a sidewalk along Lumber Street as shown on the Site Plan,from the site driveway to the driveway to
the Hopkinton Mews project on Lot 3.The sidewalk shall be constructed in the location shown on a plan entitled "Master Plan
Overall Development Plan"dated August 20,2014,prepared by Allen Engineering Inc.,which has been altered to show the location
of a sidewalk on Lumber Street between Lot 7 and Lot 3.Sidewalk construction standards shall be consistent with those depicted on
a plan entitled "Contract No.2:Ash,Wood,and West Main Street Sidewalk Improvement Project in the Town of Hopkinton",dated
March 2015,prepared by Vanasse Hangen Brustlin,Inc.Together these documents are attached as Appendix B.Prior to the
commencement of construction,a detailed plan depicting the location and construction details shall be submitted to the
Hopkinton Department of Public Works for approval.All sidewalk work shall be completed under the supervision of the DPW,and
the Applicant shall be responsible for the cost of any third party inspections required by the DPW.A sidewalk network to the north
of the site is planned and required by the MPSP;there is no existing or anticipated plan for a sidewalk network to the south of
the site.Sidewalk construction shall be completed prior to the issuance of a certificate of occupancy for the building.
●Dumpsters on the property shall not be emptied before 8:00 AM
or after 5:00 PM. (Site Plan Standard § 210-136.1 G)
●In the event that the amount of snow on the Site exceeds the
amount that can be accommodated safely in the snow storage areas indicated on the site plan,the excess snow shall be removed
from the Site. (Site Plan Standards § 210-136.1 I & J)
●All pole-mounted lights shall be turned off within 60 minutes after
the business is closed.When the business is closed to the public,
the level of exterior lighting on the Site shall be reduced to what is
required only for safety and security as recommended in the
appropriate IESNA guideline. (Site Plan Standard § 210-136.1 N)
●Illumination of all standing/pylon signs shall be turned off when
the business is closed to the public.(Site Plan Standard § 210-136.1 N)
●Mechanical equipment or other utility hardware on the roof,
grounds or buildings shall be screened from view from the
ground. (Site Plan Standard § 210-136.1 Q)
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●The Director of Municipal Inspections inspects Site Plans under
construction for compliance with the approved Decision of Site
Plan Review.If the Director of Municipal Inspections determines at
any time before or during construction that a registered
professional engineer or other such outside professional is
required to assist with the inspections of the storm water
management system or any other component of the Site Plan,the
Applicant shall be responsible for the cost of those inspections.
(Site Plan Standards § 210-136.1 A-R and § 210-137)
●The Applicant shall be responsible for mitigating all construction
related impacts,including erosion,siltation and dust control in a timely manner.(Site Plan Standards §210-136.1 A-R and §
210-137)
●The Applicant shall regularly remove construction trash and debris
from the site in accordance with good construction practice.No
tree stumps,demolition material,trash or debris shall be burned
or buried on the Site.(Site Plan Standards §210-136.1 A -R and §
210-137)
●In accordance with §210-138 of the Zoning Bylaw,the Applicant
shall provide a performance guarantee in the amount of $5,000 to the Town prior to the commencement of construction pursuant to
this Decision.The guarantee shall consist of a deposit of money or negotiable securities in a form selected by the Planning Board to
guarantee that any unforeseen problems which arise,such as erosion and sedimentation and the correction of site lighting
problems,are addressed.The funds will be held by the Town and returned to the Applicant upon completion of the project.(Zoning
Bylaw § 210-138)
●The Applicant shall present final exterior colors and materials to
the Design Review Board prior to construction for the DRB’s review
and approval.
●All lighting on-site shall be Dark Sky compliant.
4.0 Box Mill - Leonard Street - Preliminary Plan - Rick Barbieri - PB-SUB-2020-02
4.1.Background
The proposed subdivision is to allow for frontage for two lots currently without
frontage due to the design of the previously approved Box Mill subdivision.
Additionally,these two lots are currently one lot (U19-56-0),which will be
subdivided.These two lots do not have access to Box Mill Road via frontage on
Box Mill Road,but could potentially have frontage on Terry Path,a paper street.
The Applicant proposes to have this paper street approved as a road,however,
meanwhile having the Planning Board grant waivers for all aspects of
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construction of the road,allowing the two lots to gain frontage from this
unconstructed road while providing driveway easements to gain access to Box
Mill Road.
4.2.Regulatory Review
Both of the proposed new lots meet the zoning requirements (aside from
frontage)for their respective zoning districts,one of which is located entirely
within Residence A and the other which is located partially in Residence A and
Residence B.
Town Counsel has advised in the past that frontage cannot be gained via an
unconstructed road,however,and therefore these lots would require a Variance,
granted by the Board of Appeals.
4.3.Relevant Materials
The follow information was submitted relevant to the proposed application:
●Preliminary Subdivision Plan Application (Form B), dated 01/23/20
●Preliminary Subdivision Plan Set, dated 01/23/20
●Preliminary Plan - Color Scan, dated 01/23/20
●Abutters List
●Memo from Jerry Effren, dated 10/04/18
All materials for this application are located in a public shared folder on Google
Drive at the following link: Box Mill-Leonard Street Files.
4.4.Comments Received
Principal Planner Comments:
●Frontage is defined in Hopkinton’s Zoning Bylaw as “The linear extent of a
lot measured along the street right-of-way from the intersection of one
side lot line to the intersection of the other of the same lot.”Private ways
that are to be used for frontage must be laid out and constructed in
conformance with the subdivision regulations.Providing waivers for all
aspects of the construction of the road circumvents this requirement and
does not meet the intent of the regulations or requirements.
●Additionally,the Town has a process in place for situations such as this
one,where lots within a subdivision do not have the required frontage.
The Subdivision Regulations spell out a process for a Frontage Waiver
(Section 5.7),that allows the Board to grant a waiver provided the lot has
adequate access.However,the regulations also state “it is recommended
that the applicant obtain a variance from the Board of Appeals prior to
submitting a request for a frontage waiver.”
4.5.Decision Criteria
Waivers of compliance with the Subdivision Regulations may be granted when,
“in the judgment of the Board,such action is in the public interest and not
inconsistent with the intent of the subdivision control law or these regulations.”
Otherwise,the subdivision plan should be reviewed with respect to conformance
with the Subdivision Regulations.
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4.6.Public Hearing Outline
1.Project introduction and review - Applicant
2.Staff Report
3.Consultant Review
4.Planning Board members and Public – Add to Detailed Discussion items
5.Detailed Discussion, with Public Comment for each topic
5.1.Vehicular and pedestrian traffic flow;truck traffic flow;emergency
vehicle access
5.2.Intended uses
5.3.Stormwater management
5.4.Site lighting
5.5.Utilities; Water/Sewer use
5.6.Parking lot layout; dumpster location; snow storage/snow removal
5.7.Noise; HVAC/exhaust systems; Screening of HVAC (if applicable)
5.8.Crosswalk location; Sidewalks
5.9.Building design and landscaping
5.10.Historic Structures (if applicable)
5.11.Signage
5.12.Solar Panels/alternative energy
5.13.Affordable Housing Units (if applicable)
5.14.Impacts on:1)schools;2)other municipal services;3)value of
neighboring residential properties
5.15.Town Department and Board/Committee Comments not covered
above
6.Additional or New Comments and Information
7.Standards/Findings
7.1.Discuss Subdivision findings
8.Discuss conditions of approval
9.Final public comment
10.Vote to close public hearing
11.Vote on Permits being requested
4.7.Board Actions
The Board’s votes on the submitted materials will consist of:
●For the Preliminary Subdivision Plan -Decision is due by 03/08/20 and a
majority vote is required for approval. All members are eligible to vote.
4.8.Other
4.8.1.Requested Waivers While it is the stated intent of the applicant to have waivers granted for all
aspects of road construction,the Subdivision Regulations specify that “all waiver requests must be made in writing,identify the regulation being
considered,and be submitted to the Board at the time of plan submittal.” No written requests for waivers have been submitted at this time.
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4.8.2.Proposed Conditions
Should the Board determine that this plan should be approved,the
applicant would need to file a definitive subdivision plan shortly
thereafter,which would then be the time where conditions would be
appropriate.
5.0 Zoning Board of Appeals Notices
●Notices of Decisions
○None
●Hearing Notices
○25-35 Main Street - Hopkinton Village Center
○59-61 Chestnut Street
6.0 Next Meetings
●March 9
○Zoning Articles Hearing
○71 Frankland (Seaboard Solar)
○25-35 Main Street Site Plan - Hopkinton Village Center
●March 23
○Bucklin-Leonard
○47, 49 Stoney Brook Road Common Driveway
●April 13
○This meeting will be at Town Hall (Rooms 215/216)due to a conflict at the
Library
●April 27
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