HomeMy Public PortalAbout20200518 - Planning Board - Meeting MinutesHopkinton Planning Board
Monday, May 18, 2020 7:00 PM
REMOTE MEETING
Minutes
Members Present: Muriel Kramer (Chair), Gary Trendel (Vice Chair), Jane Moran, Deborah
Fein-Brug, Mary Larson-Marlowe, David Paul, Amy Ritterbusch, Frank D’Urso
Members Absent: Robert Benson
Present: John Gelcich, Principal Planner; Stephanie Pemberton, Administrative Assistant
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Mr. Trendel called the meeting to order at 7:00 PM. He called the name of each Planning
Board member, and each member that was present responded affirmatively that they were
present and could hear him. Mr. Trendel then called the names of staff members, Mr. Gelcich
and Ms. Pemberton, who responded affirmatively that they were present. Mr. Trendel also called
the names of expected speakers and those present responded affirmatively: Connor Degan, Town
Clerk; Mike Duffy, 21 Oliver Ln.,; Pedro Rodriguez, Seaboard Solar; Nick Facendola, Level
Design Group; and Atty. Adam J. Costa, Mead, Talerman & Costa, LLC.
Mr. Trendel stated that the meeting is being conducted remotely consistent with
Governor Baker’s Executive Order of March 12, 2020, due to the current State of Emergency in
the Commonwealth due to the outbreak of the COVID-19 virus. He noted that in order to
mitigate the transmission of the virus, the Board is complying with the Executive Order that
suspends the requirement of the Open Meeting Law to have all meetings in a publicly accessible
physical location. He stated that the Executive Order allows public bodies to meet entirely
remotely as long as the public body makes provisions through adequate, alternative means to
ensure that interested members of the public are provided reasonable access to the deliberations
of the meeting. He noted that for this meeting the Board is convening by video conference via
Zoom App as posted on the Town’s web meeting calendar and the Board’s agenda identifying
how the public may join. He stated that the meeting may also be broadcast by HCAM. He noted
that the meeting is being recorded and attendees are participating by video conference. Mr.
Trendel stated that all supporting materials that have been provided to the Board are available on
the Town website via the web meeting calendar, unless otherwise noted.
Ms. Kramer moved to open the public hearings scheduled for this evening, Ms.
Ritterbusch seconded, and the Board voted unanimously in favor through roll call vote: Gary
Trendel agree, Mary Larson-Marlowe agree, Muriel Kramer agree, David Paul agree, Jane
Moran agree, Deborah Fein-Brug agree, Amy Ritterbusch agree, Frank D’Urso agree
1. Administrative Items
a. “Vote Safe” Announcement
Connor Degan, Town Clerk, stated that in view of the COVID-19 situation the Town is
offering mail-in voting for the upcoming Town elections to decrease the risk to voters while
preserving the right to cast ballots. He noted applications can be obtained from the Town’s
website, and may be mailed to or dropped off at Town Hall, or emailed to the Town Clerk. Mr.
Degan asked that residents get their requests in by the first week of June to ensure everyone has
their ballots as soon as possible. In response to a question of Mr. D’Urso, Mr. Degan stated the
Select Board voted to reschedule the elections to June 29.
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Ms. Kramer thanked Mr. Degan and noted that the Town is looking for volunteers for the
Town elections as many of the regular election workers are typically in the high risk
demographic. He noted volunteers must be registered voters in the Commonwealth, and it was
noted that PPE will be provided.
b. Form K Lot Release, Lot A-2-3; Restricted Land Covenants/Legacy Farms North
It was noted the applicant has requested that the Board continue this to a future meeting.
c. Approval Not Required Plan - Hayden Rowe 175 - Duffy
Mike Duffy, applicant, described the plan, which will split the property, creating a 1.3
acre lot with the existing house at 175 Hayden Rowe, and a 1.7 acre parcel to be combined with
a smaller lot along Wild Rd.
Mr. Gelcich stated the plan appears entitled to endorsement based on frontage and lot size
requirements. In response to a question of Mr. D’Urso, Mr. Duffy noted he is having the
property tagged for wetlands, and Mr. D’Urso asked if he should have gone before the
Conservation Commission prior to coming before the Planning Board. Mr. Duffy noted he
wanted to subdivide the property, and the other lot, if non-buildable, could be open space, gifted
to the Town, Hopkinton Area Land Trust (HALT), or to family. Ms. Fein-Brug asked for
clarification, and Mr. Gelcich stated Parcel B is listed as an unbuildable lot.
Ms. Kramer moved to endorse the plan for as not requiring approval under the
Subdivision Control Law, Ms. Ritterbusch seconded, and the Board voted unanimously in favor
through roll call vote: Gary Trendel agree, Mary Larson-Marlowe agree, Muriel Kramer agree,
David Paul agree, Jane Moran agree, Deborah Fein-Brug agree, Amy Ritterbusch agree, Frank
D’Urso agree
d. Administrative Fees - Major/Minor Site Plan Review - 90 Hayden Rowe, 14 Elm
Street, 104 Hayden Rowe
Mr. Gelcich noted the applications for the recently approved site plans for the High
School, Elmwood Elementary School, and Hopkins Elementary School classroom additions
included payments to cover administrative fees, but the Board typically waives these for Town
projects.
After further discussion, Ms. Kramer moved to waive the administrative fees associated
with the 90 Hayden Rowe, 14 Elm Street, and 104 Hayden Rowe site plan applications but apply
the amount received for 90 Hayden Rowe to cover outstanding consultant fees, Ms. Ritterbusch
seconded, and the Board voted unanimously in favor through roll call vote: Gary Trendel agree,
Mary Larson-Marlowe agree, Muriel Kramer agree, David Paul agree, Jane Moran agree,
Deborah Fein-Brug agree, Amy Ritterbusch agree, Frank D’Urso agree
2. Continued Public Hearings - Solar Special Permit and Stormwater Management Permit
- 0, 71 Frankland Road - Seaboard/Frankland Road Solar
Pedro Rodriguez, Seaboard Solar; Nick Facendola, Level Design Group; and Adam J.
Costa, attorney, appeared before the Board.
Mr. Costa expressed his appreciation for the ability to continue the public hearing process
using Zoom, and noted they would like to describe changes made to the plan over the last few
weeks.
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Mr. Facendola noted there are five outstanding BETA comments, mostly of a
housekeeping nature. He noted access to multiple existing trails will be maintained, the buffer
zone has been increased, and they made changes to the stormwater management system. He
noted they are proposing plantings for screening of the trails, and the plan will create roughly 45
acres of open space. He noted they will be going before the Conservation Commission on May
19, and hope to wrap up with them over the next meeting or so. He noted they reached out to the
Fire Chief with updated turning radius plans, but have not heard back.
Mr. Rodriguez stated he has been speaking with the engineers and Eversource, and
crossing the gas pipeline will not be a problem. He noted they will be submitting a couple of
updates for the driveway plan. He stated the Narragansett Tribe is working on a survey of
potential ceremonial sites, however the Wampanoag Tribe has not visited yet due to COVID-19
but hopes to meet soon to get a survey and come to an agreement. He also noted they are
working with HALT, to donate the trails to them. He stated Seaboard Solar would guarantee
growth of plantings, landscaping, and trees and formally agree that open space and leftover land
be donated to a 3rd party for preservation as a condition of approval.
Reference was made to the Public Hearing Outline.
6.1. Vehicular and Pedestrian Traffic Flow; Truck Traffic Flow; Emergency Vehicle
Access; Trail Access/Parking; Access to both Parcels after separately delineated
Mr. Facendola commented on vehicular and pedestrian traffic flow. He noted they will
be utilizing the existing driveway off Frankland Road, and they are not proposing parking for
access to the trails at this time.
Ms. Ritterbusch asked how trails are accessed now, and Mr. Facendola stated he believes
there is access off Cross Street.
Ms. Moran stated it appears people will no longer be able to access the full loop of the
trail system, and asked how that can be made better. Mr. Facendola responded it was never the
intent to create a trail system, just to maintain the trails as they are today. Mr. Costa stated this is
a private trail system that has been used by the public. He noted portions of it will change in
character but there will still be quite a bit of continuity.
Mr. Trendel stated they are still waiting on a comment from the Fire Chief.
6.13. Trails
Ms. Fein-Brug stated she would like to see some trails access parking, perhaps using
reclaimed asphalt, something nice enough to get the cars off the street, and she suggested the
applicant work with HALT.
Mr. Costa noted there are some challenges, including security issues, but they are willing
to think outside the box for options to incorporate some parking.
Mr. Paul stated he is happy that the applicant is allowing access to trails on private
property and he doesn’t think they should be required to provide parking. Ms. Larson-Marlowe
agreed with Mr. Paul, and noted it is preservation of nature that makes the trails interesting.
Ms. Moran asked if there is ability for the public to get through between the two arrays,
and Mr. Costa stated yes.
Morrie Gasser, 28 South Mill St, President of HALT, noted he wouldn’t complain if there
was parking.
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Thom Robertson, 15 Fawn Ridge Rd., noted he is very familiar with the trails, and there
are others that may or may not be impacted. He stated as far as Seaboard Solar’s obligation is
concerned, he would like to note that these trails have been available to the public for over 20
years.
Ms. Moran noted she is not sure what can be done, but there are other trails.
Mr. Costa noted the entire array is surrounded by ‘open space’, as indicated in green on
the plan, and it’s quite possible there are other trails and points of access. At the request of Ms.
Ritterbusch, Mr. Facendola offered additional clarification regarding the color coding of the
different areas on the plan.
Mr. Robertson stated he is concerned about the potential of Fawn Ridge Rd. being used
for trail access parking for people wanting to use the trails and open space to be created, and no
alternative parking.
Ms. Moran agreed it would be nice to have alternative parking other than Fawn Ridge
Rd. Ms. Kramer noted that even 2 additional parking spaces would be a big boost for the public
to access the trails.
6.3. Stormwater Management
It was noted that a berm and a rip-rap swale were added to direct runoff to the detention
basin to prevent negative impacts on the residential abutters.
Mr. Robertson noted he does not believe this is the right forum for this issue as specialists
are not present. He noted adding a berm does not strike him as natural, and the proposed
deforestation needs to be scrutinized by experts. Mr. Trendel noted the Board is leaning heavily
on input from the consultants to make sure natural resources and abutting properties are
protected. Mr. Robertson noted he read some of the documentation and hopes the Board is
prepared to impose the necessary conditions because otherwise they would be in serious trouble.
Ms. Fein-Brug asked about the outstanding BETA issues, and Mr. Trendel stated it is
worth leaving this item open until the next hearing when BETA is available to comment.
Ann Karnofsky, 132 East Main St., stated perhaps Seaboard Solar could find a different
site without destroying a living, mature forest.
6.4. Site Lighting
The applicant noted they are not proposing site lighting for the arrays, but there are lights
in the existing driveway. Ms. Fein-Brug asked if there will be overnight lighting, and Mr.
Rodrigues noted he believes there are some safety lights but will confirm that they are
downcasting.
6.5. Utilities; Water/Sewer Use
It was noted they are not proposing water or sewer utilities in connection with the project.
The applicant noted they initially believed they needed overhead utilities to span the
approximately 80 ft. width of the natural gas pipeline easement with 2 new poles and a
connection to the overhead lines on Frankland Rd., but the utility company came back with the
okay for a mound with a conduit located at grade.
Ms. Ritterbusch asked if the trail through the easement will still be accessible, and Mr.
Facendola stated it will be to a certain degree although they are still waiting to hear from the
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utility company. Ms. Moran asked if there would be a slope or ramp, and Mr. Rodrigues stated
access should not be a problem.
6.6. Parking Lot Layout; Dumpster Location; Snow Storage/Removal
It was noted there is no need for a dumpster on site, and maintenance staff will haul all
trash out as needed. The applicant stated the revised site plan shows snow storage locations, and
this item has been fully addressed per BETA.
6.7. Noise; HVAC/Exhaust Systems; Screening of HVAC
Mr. Facendola noted HVAC systems are not proposed, but there will be some
ground-mounted equipment and a utility pad, with minimal noise, the equivalent of a humming
sound as close as 50 ft. away. Ms. Fein-Brug stated she is concerned about noise, and asked if
there will be a vibration reducer from the system to the concrete pad. Mr. Rodriguez noted he
will contact the manufacturer for details. Ms. Ritterbusch stated she is not necessarily concerned
about noise, but would like to add a vibration reducer.
Mr. Robertson noted he is concerned about noise during construction, especially while
the stay at home order is in effect
Mr. Rodriguez noted construction for a project of this size would take about 6 months,
and the noisiest time would be during the tree clearing phase.
6.8. Crosswalk Location; Sidewalks
It was noted that no crosswalks or sidewalks are proposed.
6.9. Building Design and Landscaping
Mr. Facendola commented that the shipping containers to be used are over engineered,
and include fire suppression, ventilation and additional safety features.
6.10. Signage
Mr. Facendola noted they are proposing a sign mounted to a security fence, with the
name(s) of project operator/owner and contact information.
6.11. Impacts
Mr. Facendola addressed potential impacts as follows:
1) Schools - no impact
2) Other Municipal Services - no impact, no public utilities
3) Value of Neighboring Residential Properties - It was noted the closest neighbor is
250 ft. away from the area to be disturbed, and the applicant is proposing new landscaping and
an extended buffer. The applicant stated there will be 2 layers of plantings along the trail
network, and site disturbance will be minimized. It was noted the existing pavement near the test
track will be removed and they will be adding a grass seed mix for the buffer zone.
4) Wildlife and Wildlife Corridors - It was noted this item is still under discussion as
part of the Conservation Commission approval process, but impact on wildlife will be minor and
the open space to be created will offer a place for them to relocate. It was noted this property is
not identified on the State’s BioMap as a wildlife corridor, but the applicant agreed to a 6 in.
wildlife gap.
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6.16. Screening; Screening for Trails
Ms. Karnofsky stated she has spoken to the Attorney General’s office and expects they’ll
be in touch to shut down the project. Reference was made to a similar project in Oxford, and it
was noted arborvitae are inappropriate for screening purposes.
Mr. Rodriguez noted they are sending the landscape plan to HALT and the Trails
Management Committee, and he will be more than happy to take suggestions from the various
boards and committees as well as the public.
Mr. D’Urso noted there are many types of arborvitae, and they are used frequently for
screening. He stated the Board, the developer and the neighbors will have to work together to
determine what works best for everyone. Ms. Ritterbusch asked if the arborvitae would provide
year-round screening as required, and Ms. Kramer noted she wants to make sure that is the case.
Mr. Paul asked the applicant to consider the Green Giant species for this purpose.
Mr. Robertson noted his neighborhood has not been contacted by Seaboard Solar with
respect to input on screening.
William and Gayle Ober, 17 Fawn Ridge Rd., referred to the Principal Planner’s
comments and asked if visual depictions of the view from Fawn Ridge Rd. and Frankland Rd.
have been provided. Mr. Trendel asked for clarification, and Mr. Gelcich stated he does not have
an update on that issue, but these would be suggestions and not a requirement. Mr. Rodriguez
noted he has no objection to a survey to get this information but they would need permission to
go onto adjacent property, which could be a problem under the circumstances.
Mr. Gasser suggested discussing the proposed plantings in detail, and suggested speaking
to an arborist or landscaper as well. He noted if the open space is conveyed to HALT, they
would be responsible for maintaining the plantings. Ms. Moran noted they could certainly use
some professional help regarding screening and deer resistant plantings.
Mr. Costa stated they are willing to do a survey, but will need the specific permission
from the adjacent property owners to allow access.
Mr. Robertson stated he would like to get the necessary input from arborists and other
experts and will be happy to allow access to his property to get their viewpoints on this issue. He
noted, as abutters, they expected to have this type of information readily available already.
Ms. Kramer moved to continue the public hearings to June 1, 2020 and extend the
decision deadline for the Stormwater Management Permit to June 15, 2020, Ms. Ritterbusch
seconded, and the Board voted unanimously in favor through roll call vote: Gary Trendel agree,
Mary Larson-Marlowe agree, Muriel Kramer agree, David Paul agree, Jane Moran agree,
Deborah Fein-Brug agree, Amy Ritterbusch agree, Frank D’Urso agree
3. Continued Public Hearing - Special Permit for Common Driveway - 47, 49 Stoney Brook
Rd. - Kenneth Marsters, Prime Homes - Request for Continuance
Ms. Kramer moved to continue the public hearing to June 1, 2020, Ms. Ritterbusch
seconded, and the Board voted unanimously in favor through roll call vote: Gary Trendel agree,
Mary Larson-Marlowe agree, Muriel Kramer agree, David Paul agree, Jane Moran agree,
Deborah Fein-Brug agree, Amy Ritterbusch agree, Frank D’Urso agree
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Ms. Kramer moved to adjourn the meeting, Ms. Ritterbusch seconded, and the Board
voted unanimously in favor through roll call vote: Gary Trendel agree, Mary Larson-Marlowe
agree, Muriel Kramer agree, David Paul agree, Jane Moran agree, Deborah Fein-Brug agree,
Amy Ritterbusch agree, Frank D’Urso agree
Adjourned: 10:17 PM
Submitted by: Stephanie Pemberton
Approved: July 13, 2020
Documents used at the meeting:
●Agenda and meeting materials for meeting 5/18/2020
●Annual Town Election Vote by Mail Press Release
●Annual Town Election Vote by Mail- FAQs
●Email requesting continuation from Ken Marsters, Prime Homes, 5/13/2020
●Form A and plan for ANR of 175 Hayden Rowe
●Frankland Rd 0,71, Max Buildout Presentation Plan, Level Design Group, 5/18/2020
●Frankland Rd 0,71, Landscape Plan, Level Design Group, 4/13/2020
●Order Suspending Certain Provisions of the Open Meeting Law G.L. c. 30A, §20, Charles D. Baker,
Governor, 3/12/2020
●Updated plans for 0, 71 Frankland Road, 4/17/2020
The files may be found online in the public shared folder on Google Drive
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