HomeMy Public PortalAbout20200518 - Planning Board - Agenda PacketHOPKINTON PLANNING BOARD
Monday, May 18, 2020 7:00 P.M.
REMOTE MEETING
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Meeting ID: 854 5014 7083
Password: 800377
Call-in Phone Number: (646) 876-9923
AGENDA
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comments should be directed to the Planning Board through the “Raise Hand”function.
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1.Administrative Items
a.“Vote Safe” Announcement
b.Form K Lot Release -Lot A-2-3 and Restricted Land Covenants -Legacy Farms
North
c.Approval Not Required Plan - Hayden Rowe 175 - Duffy
d.Administrative Fees for 90 Hayden Rowe, 14 Elm Street, 104 Hayden Rowe
2.Continued Public Hearings - Solar Special Permit and Stormwater Management Permit - 0,
71 Frankland Road - Seaboard Solar
Proposed 5.0 megawatt solar facility at 0 and 71 Frankland Road, the former Liberty Mutual
Insurance site.
3.Continued Public Hearing -Special Permit for Common Driveway -47,49 Stoney Brook
Rd. - Kenneth Marsters, Prime Homes
Proposed common driveway to provide access to two new single-family homes.
*APPLICANT HAS REQUESTED CONTINUATION TO JUNE 1st*
Business to be considered by the Board at any time during the meeting:
●Legacy Farms Road/East Main Street Traffic Light Status
●Legacy Farms Fiscal Analysis
●Growth Study Committee Update
●Discussion regarding cul-de-sac length in OSLPD developments
●OSLPD regulation change recommendations to ZAC
●Master Plan Action Items
●Lumber Street/West Main Street improvements
●Legacy Farms North (Section formerly known as Rafferty Road) - Discussion about disrepair
●Main Street Downtown Corridor update
●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: May 14, 2020
TO: Planning Board
FROM: John Gelcich, Principal Planner
RE: Items on Planning Board Agenda, May 18, 2020
Link to Join: https://us02web.zoom.us/j/85450147083
Meeting ID: 854 5014 7083
Password: 800377
Call-in Phone Number: (646) 876-9923
Zoom Details:To access the meeting click the link above.If you have technical issues with
accessing the meeting,send an email to jgelcich@hopkintonma.gov.Your microphone will
be muted upon entry and can only be unmuted by the Host.If you have a question or
comment,use the “Raise Hand”function.The Chat function will only allow communication
between you and the Host and should only be used to communicate technical issues.All
other questions or comments should be directed to the Planning Board through the “Raise
Hand”function.Telephone-only participants can use the “Raise Hand”function by pressing
*9.
For additional information and Zoom support, visit the general support page:
https://support.zoom.us/hc/en-us
For telephone-only support information visit:
https://support.zoom.us/hc/en-us/articles/201362663-Joining-a-meeting-by-phone
Contents:
1.Administrative Items (Files online at: 05-18-20 Meeting Administrative Files)
1.1.Vote Safe Discussion
1.2.Legacy Farms North Form K - Lot A-2-3 and Restricted Land Covenants
1.3.Approval Not Required Plan - 175 Hayden Rowe - Duffy
1.4.Administrative Fees for School Site Plans
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2.0,71 Frankland Rd.-1)Special Permit for Solar;2)Stormwater Management Permit -
Seaboard Solar (Files online at: 71 Frankland Rd Solar Files)
3.47,49 Stoney Brook Road -Special Permit for Common Driveway -Prime Properties (Files online at: 47, 49 Stoney Brook Files)
4.Zoning Board of Appeals Notices (Files online at:05-18-20 Meeting Administrative
Files)
5.Next Meetings
1.0 Administrative Items
Files for Administrative items can be found online at:05-18-20 Meeting Administrative
Files
1.1.Vote Safe Discussion
The Town Clerk will be in attendance to discuss the Vote Safe effort and answer
questions from the Board or the public regarding mail-in ballots.
1.2.Form K Lot Release -Lot A-2-3 and Restricted Land Covenant -Legacy Farms
North
Baystone Development has submitted a Form K and Restricted Land Covenant
for the release of Lot A-2-3,a part of the Northwest Villages.The form,
covenants,and back up information is included with this memo and online at:
05-18-20 Meeting Administrative Files
1.3.Approval Not Required Plan - Hayden Rowe 175 - Duffy
1.3.1.Background
The proposed plan shows a new lot line being drawn within the existing
lot at 175 Hayden Rowe,with Parcel B (an unbuildable lot)to be
combined with the smaller lot owned by the same owner along Wild
Road,effectively giving Parcel B frontage along Wild Road.The Plan
shows that the “Remaining portion of Lot 27…”has the required frontage
per Zoning,however,endorsement of the ANR by the Planning Board
does not constitute determination by the Board that the Plan conforms
to the Zoning Bylaw.However,it appears that this endorsement will likely
allow the owner to create two conforming lots (with respect to lot area
and frontage).
The files can be found online at: 05-18-20 Meeting Administrative Files
1.3.2.Recommendation
The plan appears to warrant endorsement from the Planning Board.
1.4.Administrative Fees for School Site Plans
The recently approved school site plans for the High School Addition,Elmwood
School,and Hopkins School had requested that the administrative fees for these
filings be waived,with the consultant fee for the High School to remain.This is
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standard practice in the past and should not be an issue.The Planning Board
needs to vote to officially waive these fees.
2.0 0,71 Frankland Road -Solar Special Permit and Stormwater Management Permit -
Seaboard Solar - PB-SPPT-2020-01 and PB-SMP-2020-01
2.1.Background
The proposed development is for a commercial solar photovoltaic installation at
0 and 71 Frankland Road,the former Liberty Mutual site.The development
parcel was recently subdivided through the ANR process,sectioning off the
existing structure and surrounding land from the rest of the property.The
proposed solar site is located on the westernmost parcel of the two,which is ±69
acres comprised of mostly undeveloped forest land,a parking area (used for
testing by Liberty Mutual),and a 30-foot wide gas transmission easement.A
portion of the lot is located within the WRPOD,which may require a Special
Permit from the Zoning Board of Appeals.
At the time of the application,the proposed total site disturbance is ±28 acres,
which is mainly composed of tree clearing.The Applicant asserts that ±60%of
the site will be maintained as undeveloped land.
The proposed solar array is ±5.0 megawatts covering an area of ±28 acres.
Access will be gained via a gravel access road connecting to Frankland Road.The
array will be surrounded by this gravel access road and a security fence.
Portions of the limit of work are located within wetland buffer area,however,it
appears that no panels will be located within the buffer to on-site wetlands.
Nevertheless,the project will require approval from the Conservation
Commission as well.
2.2.Regulatory Review
Commercial Solar Photovoltaic Installations are regulated under Article XXXI,
§210-200 of the Zoning Bylaw.Stormwater Management Permits are regulated
under Chapter 172 of the General Bylaws.
§210-201. Applicability
The installation of a solar facility is permitted in any zoning district provided they
are allowed through a Special Permit issued by the Planning Board.
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§210-202. Use Regulations
Conformance with the zoning dimensional requirements is detailed below.
Agriculture (A) District Professional Office (P) District
Dimension Required Provided Required Provided
Min. Lot Size 3 acres ±69 acres 5 acres ±69 acres
Front Setback 60 feet ±283 feet 60 feet ±283 feet
Rear Setback 30 feet 98.7 feet 100 feet 98.7 feet
Side Setback 30 feet 61 feet 50 feet* 50 feet
Max Lot
Coverage 25% TBD 60% TBD
Frontage 200 feet Not
applicable** 50 feet ±970 feet
*The side setback in the P District is taken from parking areas or buildings in relation to the
adjacent zoning district. As the P District is not co-terminus with the side lot lines, a sliver of the
property to the west of the site is within the P District, while the rest of the lot is within the A
District.
**The frontage for the lot is wholly located within the P District, therefore that standard applies.
It appears that the rear setback is not met, as the P District is coterminous with
the rear lot line, requiring a 100-foot rear setback. Lot coverage is not calculated
based on the zoning district and is therefore necessary in order to determine
conformance with the Zoning Bylaw.
As set forth in the Zoning Bylaw, the project is not subject to site plan review.
Chapter 172, Stormwater Management and Erosion Control The proposed work must comply with the Stormwater Regulations,adopted in
2008 and revised in 2014.
2.3.Relevant Materials
●No additional information has been provided since the last hearing.
All materials for this application are located in a public shared folder on Google
Drive at the following link: 71 Frankland Street Files.
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2.4.Comments Received
Principal Planner Comments:
1.Provide calculation for lot coverage for both the A District and P Districts,
as applicable.
2.Reduce the northmost section of the array to meet the minimum
required setback for rear yard, as it abuts properties within the A District.
3.Provide visual depictions of the view from Fawn Ridge and Frankland
Street.
4.Provide evidence of agreement with Eversource to perform work within
the easement on-site.
5.Has there been consideration of raising the bottom of the fence by at
least 6”to accommodate travel of wildlife in,out,and around the fenced
area during operation of the array?
6.What type of vegetation is included in the Ernst Solar Farm Seed Mix?Do
the plants included in this mix flower at less than 12”in height?I would
suggest seeding of the land with a pollinator-friendly mix or other wildlife
mix to encourage use of the land as a meadow,if this mix does not
accomplish this.
2.5.Public Hearing Outline
1.Project introduction and review - Applicant
2.Staff Report
3.Consultant Review
4.Site Walk - Feb 8 @ 9:00 AM
5.Planning Board members and Public – Add to Detailed Discussion items
6.Detailed Discussion, with Public Comment for each topic
6.1.Vehicular and pedestrian traffic flow;truck traffic flow;emergency
vehicle access;trail access/parking;access to both parcels after
separately delineated
6.2.Intended uses
6.3.Stormwater management
6.4.Site lighting
6.5.Utilities; Water/Sewer use
6.6.Parking lot layout; dumpster location; snow storage/snow removal
6.7.Noise; HVAC/exhaust systems; Screening of HVAC (if applicable)
6.8.Crosswalk location; Sidewalks
6.9.Building design and landscaping
6.10.Signage
6.11.Impacts on:1)schools;2)other municipal services;3)value of
neighboring residential properties; 3) wildlife and wildlife corridors
6.12.Town Department and Board/Committee Comments not covered
above
6.13.Trails
6.14.Natural Resources and/or Structures
6.15.Historic Resources
6.16.Screening; Screening for Trails
6.17.Impact on Open Space
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6.18.Earth Removal w/r/t WRPOD
6.19.Zoning compliance with regard to the WRPOD - NOT WITHIN 61A
6.20.Limit of Disturbance/Tree clearing limit
6.21.Battery Storage
6.22.Maintenance of roads and arrays
6.23.Pollinator planting
6.24.Wetlands -to include those outside the project area but on the
parcel
6.25.Conservation restriction on the open space
7.Additional or New Comments and Information
8.Standards/Findings
8.1.Discuss Special Permit findings
8.2.Discuss Stormwater Management Permit findings and standards
9.Discuss conditions of approval
10.Final public comment
11.Vote to close public hearing
12.Vote on Permits being requested
2.6.Board Actions
The Board’s votes on the submitted materials will consist of:
●For the Stormwater Management Permit -Decision is due by 02/18/20
and a majority vote is required for approval.All members are eligible to
vote.
●For the Special Permit for Commercial Solar Installations,decision due 90 days after the close of the public hearing.A ⅔majority vote of the Board
is required for approval. All members are eligible to vote.
2.7.Decision Criteria 2.7.1.Article XXXI, Commercial Solar Photovoltaic Installations
§210-203.D.Approval Criteria. Before the Planning Board may issue such Special Permit,it shall
determine each of the following: (1)The commercial solar photovoltaic installation conforms to the
provisions of this Article. (2)The commercial solar photovoltaic installation will not be
detrimental to the neighborhood or the Town. (3)Environmental features of the site and surrounding areas are
protected,and specifically surrounding areas will be protected from the proposed use by provision of adequate surface water
drainage.
2.7.2.Chapter 172, Stormwater Management and Erosion Control The proposed activities must comply with the performance standards as
set forth in the Stormwater Regulations,meeting the Stormwater Management Standards of the Massachusetts Stormwater Management
Policy.
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As set forth in the Stormwater Management and Erosion Control Bylaw:
Unless specifically altered in the Stormwater Regulations,
stormwater management practices that are designed,constructed,
and maintained in accordance with these design and sizing criteria
will be presumed to be protective of Massachusetts water quality
standards.
2.8.Motions
2.8.1.Findings
2.8.1.1.Stormwater Management Permit
I move that the Board finds that the proposed activities,as presented,
require a Stormwater Management Permit,as they result in the
disturbance of more than one (1)acre of land,that the proposed
activities are shown to comply with the performance standards as set
forth in the Stormwater Regulations,and that the proposed activities
are shown to meet the Stormwater Management Standards of the
Massachusetts Stormwater Management Policy.
2.8.1.2.Special Permit
I move that the Board finds that the proposed commercial solar
photovoltaic installation conforms to the provisions of Article XXXI;
that the proposed commercial solar photovoltaic installation will not
be detrimental to the neighborhood or the Town;and that the
environmental features of the site and surrounding areas are
protected,and specifically surrounding areas will be protected from
the proposed use by provision of adequate surface water drainage.
2.8.2.Approval/Denials
2.8.2.1.Stormwater Management Permit
2.8.2.1.1.Approval with conditions
I move that the Board grant a Stormwater Management
Permit,as set forth in Chapter 172 of the General Bylaws,
granting the following waivers (insert waivers that have been
granted)and subject to the following conditions/conditions
that were previously read aloud by the Chair.
2.8.2.1.2.Denial
I move that the Board deny the application for a Stormwater
Management Permit,as it does not comply with the following
criteria,as set forth in Chapter 172 of the General Bylaws:(List
criteria that are not met).
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2.8.2.2.Special Permit
2.8.2.2.1.Approval with conditions
I move that the Board grant a Special Permit under Article XXXI
of the Zoning Bylaws,granting the following waivers (insert
waivers that have been granted),and subject to the following
conditions/conditions that were previously read aloud by the
Chair.
2.8.2.2.2.Denial
I move that the Board deny the application for Special Permit
under Article XXXI of the Zoning Bylaws,as it does not meet the
following criteria for approval,as set forth in Article XXXI:(list
criteria that are not met).
2.9.Other
2.9.1.Requested Waivers
No waivers are requested for this proposed development.
2.9.2.Proposed Conditions
The following are conditions that the Board may want to include in any
approval issued for this project:
2.9.2.1.Special Permit
1.A Town Clerk-certified version of this Special Permit 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.
2.The Director of Municipal Inspections inspects projects under
construction for compliance with the approved Special Permit
Decision.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 Special
Permit,the Applicant shall be responsible for the cost of those
inspections.
3.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.
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4.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.
5.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.
6.All exterior lighting within the Development Project,whether
shown on the approved 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.
7.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.
8.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.
9.Erosion and sedimentation control measures shall be
implemented during the construction period,in accordance with
the approved Site Plan and the Construction Management Plan.If
they are found to be inadequate,the Applicant shall immediately
correct any deficiencies.
10.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.
11.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.
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12.The Applicant shall submit final as-built plans to the Planning
Board prior to the issuance of a Certificate of Occupancy.
13.A completed,signed SWPPP shall be provided to the Planning
Board prior to issuance of a building permit.
2.9.2.2.Stormwater Management Permit
1.All erosion and sediment controls shall comply with the following
performance criteria:
a.Minimize total area of disturbance and protect natural features
and soil.
b.Sequence activities to minimize simultaneous areas of
disturbance. Mass clearings and grading of the entire site shall
be avoided.
c.Minimize peak rate of runoff in accordance with the
Massachusetts Stormwater Standards.
d.Minimize soil erosion and control sedimentation during
construction, provided that prevention of erosion is preferred
over sedimentation control.
e.Divert uncontaminated water around disturbed areas.
f.Maximize groundwater recharge.
g.Install and maintain all Erosion and Sediment Control
measures in accordance with the manufacturer’s specifications
and good engineering practices.
h.Prevent off-site transport of sediment.
i.Protect and manage on and off-site material storage areas
(overburden and stockpiles of dirt, borrow areas, or other
areas used solely by the permitted project are considered a
part of the project).
j.Comply with applicable Federal, State and local laws and
regulations including waste disposal, sanitary sewer or septic
system regulations, and air quality requirements, including
dust control.
k.Prevent significant alteration of habitats mapped by the
Massachusetts Natural Heritage & Endangered Species
Program as Endangered, Threatened or Of Special Concern,
Estimated Habitats of Rare Wildlife and Certified Vernal Pools,
and Priority Habitats of Rare Species from the proposed
activities.
l.Institute interim and permanent stabilization measures, which
shall be instituted on a disturbed area as soon as practicable
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but no more than 14 days after construction activity has
temporarily or permanently ceased on that portion of the site.
m.Properly manage on-site construction and waste materials.
n.Prevent off-site vehicle tracking of sediments.
o.Dust shall be controlled at the site.
p.Divert offsite runoff from highly erodible soils and steep slopes
to stable areas.
2.The project shall comply with the following Erosion and Sediment
Control requirements:
a.Prior to any land disturbance activities commencing on the
site, the developer shall physically mark limits of no land
disturbance on the site with tape, signs, or orange construction
fence, so that workers can see the areas to be protected. The
physical markers shall remain in place until a Certificate of
Completion has been issued.
b.Appropriate erosion and sediment control measures shall be
installed prior to soil disturbance. Measures shall be taken to
control erosion within the project area. Sediment in runoff
water shall be trapped and retained within the project area.
Wetland areas and surface waters shall be protected from
sediment.
c.Sediment shall be removed once the volume reaches ¼ to ½
the height of a hay bale. Sediment shall be removed from silt
fence prior to reaching the load-bearing capacity of the silt
fence which may be lower than ¼ to ½ the height.
d.Sediment from sediment traps or sedimentation ponds shall
be removed when design capacity has been reduced by 50
percent.
e.Soil stockpiles must be stabilized or covered at the end of each
workday. Stockpile side slopes shall not be greater than 2:1. All
stockpiles shall be surrounded by sediment controls.
f.Disturbed areas remaining idle for more than 14 days shall be
stabilized with seeding, wood chips, bark mulch, tarpaulins, or
any other approved methods.
g.For active construction areas such as borrow or stockpile
areas, roadway improvements and areas within 50 feet of a
building under construction, a perimeter sediment control
system shall be installed and maintained to contain soil.
h.A tracking pad or other approved stabilization method shall be
constructed at all entrance/exit points of the site to reduce the
amount of soil carried onto roadways and off the site.
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i.Permanent seeding shall be undertaken in the spring from
March through May, and in late summer and early fall from
August to October 15. During the peak summer months and in
the fall after October 15, when seeding is found to be
impractical, appropriate temporary stabilization shall be
applied. Permanent seeding may be undertaken during the
summer if plans provide for adequate mulching and watering.
j.All slopes steeper than 3:1 (h:v, 33.3%), as well as perimeter
dikes, sediment basins or traps, and embankments must, upon
completion, be immediately stabilized with sod, seed and
anchored straw mulch, or other approved stabilization
measures. Areas outside of the perimeter sediment control
system must not be disturbed.
k.Temporary sediment trapping devices must not be removed
until permanent stabilization is established in all contributory
drainage areas.
l.All temporary erosion and sediment control measures shall be
removed after final site stabilization. Disturbed soil areas
resulting from the removal of temporary measures shall be
permanently stabilized within 30 days of removal.
3.A minimum of seven days prior to the start of construction, a
detailed construction sequence shall be submitted to the Principal
Planner by the site contractor for review and approval. The
approved construction sequence shall be followed throughout the
course of the construction and shall be altered only with prior
review and written approval from the Principal Planner.
4.A copy of the signed Stormwater Pollution Prevention Plan shall be
provided to the Board prior to construction.
5.The Applicant shall post a bond or make a deposit with the Town
in the amount of $10,000 to guarantee conformity with the
provisions or conditions of the permit. The guarantee shall be
deposited with the Town prior to commencement of operations
under this permit. The Town may use the bond or deposit in the
event that the Applicant does not comply with all of the terms and
conditions of the permit and complete all restoration in a manner
satisfactory to the Board and in accordance with the permit;
significant public safety hazards exist which will not be addressed
by the Applicant; or material environmental damage has resulted
from the earth removal activity and remediation will not be
addressed by the Applicant in a manner satisfactory to the Board.
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6.All required SWPPP Stormwater Construction Site Inspection
Reports shall be submitted to the Principal Planner within 14 days
of each inspection.
7.An adequate stockpile of erosion control materials shall be on site
at all times for emergency or routine replacement and shall
include materials to repair or replace silt fences, hay bales, stone
filters, berms or any other devices planned for use during
construction.
8.The disturbed area shall be temporarily stabilized by hydroseeding
if the proposed work subject to this permit is not commenced
within 30 days of lot clearing.
9.Construction shall not commence until all required permits and
approvals have been obtained.
3.0 47,49 Stoney Brook Rd.-Special Permit for Common Driveway -Kenneth
Marsters, Prime Homes - PB-SPPT-2020-02
3.1.Background
The proposed Special Permit is for the construction of a common driveway
accessing Stoney Brook Road from 47 Stoney Brook Road and also serving 49
Stoney Brook Road.The reason given for this common driveway is inability to
access 49 Stoney Brook Road without crossing the wetlands that span the width
of the frontage of that lot.
3.2.Regulatory Review
Common Driveway Special Permits are regulated under Section 210-120 of the
Zoning Bylaw.Common driveways that are not part of an OSLPD development
require the issuance of a Special Permit by the Planning Board.Common
driveways are defined as “a single private way providing vehicular access to 2
single-family dwellings.”This proposed instance meets this definition as it is
providing access to only two single-family dwellings.
The Design Requirements for Common Driveways is set forth in Section
210-120.C.:
All common driveways must comply with the following design requirements:
(1)A common driveway must extend from the benefitted parcels to a public or
private street right of way.A common driveway,as well as the individual
driveways beyond the common portion of the driveway,must be located
entirely within the benefitted parcels.A common driveway must intersect the
street right of way within the legal frontage of one of the benefitted parcels.
Planner Note: The submitted plan appears to meet this requirement.
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(2)The benefitted parcels must have permanent access to the common
driveway by easements recorded in the South Middlesex Registry of Deeds.
Planner Note:The submitted plan appears to meet this requirement.
An agreement was submitted as part of the application.
(3)The deeds to the benefitted parcels shall require that the owners thereof
must establish a maintenance association,the purpose of which is to provide
for the maintenance and repair of the common driveway,or otherwise
adequately provide for the maintenance and repair of the common driveway.
The term “maintenance”shall include,but not be limited to,snow plowing,
maintaining design specifications,and repair and maintenance of surfaces
and stormwater management facilities.All property contiguous to the
common driveway must be a part of the benefitted parcels which must be
included within the maintenance association.The easement containing the
common driveway shall be a minimum of 20 feet in width.Planner Note:
The submitted plan appears to meet this requirement.An agreement
was submitted as part of this application that details these aspects.
However, it does not appear to address the minimum 20-foot width.
(4)Minimum Construction Standards.
(a)The radius of the common driveway intersection with the street right
of way must be sufficient to enable emergency vehicles to exit and
enter the common driveway without leaving the surface of the
common driveway.Common driveways shall accommodate the
Single-Unit Truck (SU-30)vehicle turning radius at all curve radii,in
accordance with the January,2006 MassHighway Project Development
and Design Guide.
(b)A minimum depth of 8 inches of gravel must be installed the full width
of the entire common driveway traveled way.
(c)The maximum grade of the common driveway shall be no greater
than 5%within 40 feet of the street right of way.The maximum grade
of a common driveway for its full length beyond the initial 40 feet is
15%.Planner Note:The submitted plan appears to meet this
requirement,however,confirmation by the applicant should be
sought.
(5)House numbers of sufficient visibility shall be provided at the entry point
onto the street right of way and at each individual driveway along the
common driveway,so that emergency vehicles can locate each dwelling.
Planner Note: This should be included as a condition of approval.
(6)Adequate sight line distance must be provided for vehicles exiting the
common driveway.Planner Note:The submitted plan appears to meet
this requirement.
(7)The minimum width of the traveled way of a common driveway must be no
less than 12 feet.Planner Note:The submitted plan appears to meet this
requirement. A width of 16 feet is shown on the plan.
(8)Passing turnouts shall be provided which provide a total width of at least 18
feet for a distance of 25 feet,where needed for safe sight lines of passage.
Planner Note:The submitted plan shows a turnout width of 12 feet.
The length of the turnout appears to meet the requirement as it is 40
feet in length.
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(9)Provisions to permit the turn around of a SU-30 vehicle shall be provided at
the terminus of all common driveways longer than 500 feet.Planner Note:
The submitted plan appears to meet this requirement.The proposed
drive appears to be less than 500 feet in length.
3.3.Relevant Materials
The follow information was submitted relevant to the proposed application:
●No new information has been submitted since the last meeting.
All materials for this application are located in a public shared folder on Google
Drive at the following link: 47, 49 Stoney Brook Files.
3.4.Comments Received
Principal Planner Comments:
1.It appears the turnout does not meet the minimum requirement of 18
feet.
2.Chief Slaman has requested -due to concerns with access to the homes,
identification of the correct house in the case of an emergency,distance
to the Fire Station,and concern over the effectiveness of the existing
cistern within the development -that the homes be fitted with residential
fire sprinkler systems.The Applicant has declined this opportunity.It
would be beneficial for all parties to understand why this is being
requested and why the opportunity is not being executed.
3.5.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.Signage
5.11.Impacts on:1)schools;2)other municipal services;3)value of
neighboring residential properties
5.12.Town Department and Board/Committee Comments not covered
above
5.13.De-icing material
6.Additional or New Comments and Information
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7.Standards/Findings
7.1.Discuss Special Permit findings
7.2.Discuss Stormwater Management Permit findings and standards
8.Discuss conditions of approval
9.Final public comment
10.Vote to close public hearing
11.Vote on Permits being requested
3.6.Board Actions
The Board’s votes on the submitted materials will consist of:
●For the Special Permit for Common Driveways,decision due 90 days after
the close of the public hearing.A ⅔majority vote of the Board is required
for approval. All members are eligible to vote.
3.7.Decision Criteria
Approval Criteria.Before the Planning Board may issue the special permit,it
shall determine each of the following:
(a)The common driveway will provide safe and reasonable access for fire,
police and emergency vehicles.
(b)The common driveway meets the purpose and requirements of this
Section.
(c)The common driveway will minimize the environmental impacts.
(d)The common driveway will not serve more than two single family
dwellings.
Additionally:The Planning Board may approve the special permit with
conditions,which may include,but shall not be limited to:a)a performance
bond,secured by deposit of money or negotiable securities,is posted with the
Town to guarantee proper construction;and b)construction standards for the
common driveway.
3.8.Motions
3.8.1.Findings
3.8.1.1.Special Permit
I move that the Board finds that the proposed common driveway
conforms to the provisions of Section 210-120 of the Zoning Bylaws;
that the common driveway will provide safe and reasonable access for
fire,police and emergency vehicles;that the common driveway meets
the purpose and requirements of this Section;that the common
driveway will minimize the environmental impacts;and that the
common driveway will not serve more than two single-family
dwellings.
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3.8.2.Approval/Denials
3.8.2.1.Special Permit
3.8.2.1.1.Approval with conditions
I move that the Board grant a Special Permit for a Common
Driveway under Section 210-120 of the Zoning Bylaws,granting
the following waivers (insert waivers that have been granted),
and subject to the following conditions/conditions that were
previously read aloud by the Chair.
3.8.2.1.2.Denial
I move that the Board deny the application for Special Permit
for a Common Driveway under Section 210-120 of the Zoning
Bylaws,as it does not meet the following criteria for approval,
as set forth in this Section: (list criteria that are not met).
3.9.Other
3.9.1.Requested Waivers
No waivers are requested for this proposed development.
3.9.2.Proposed Conditions
The following are conditions that the Board may want to include in any
approval issued for this project:
3.9.2.1.Special Permit
1.A Town Clerk-certified version of this Special Permit 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.
2.The Director of Municipal Inspections inspects projects under
construction for compliance with the approved Special Permit
Decision.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 Special
Permit,the Applicant shall be responsible for the cost of those
inspections.
3.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.
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4.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.
5.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.
6.All exterior lighting within the Development Project,whether
shown on the approved 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.
7.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.
8.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.
9.Erosion and sedimentation control measures shall be
implemented during the construction period,in accordance with
the approved Site Plan and the Construction Management Plan.If
they are found to be inadequate,the Applicant shall immediately
correct any deficiencies.
10.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.
11.Construction may occur only between the hours of 7:00 AM and
7:00 PM Monday through Friday and Saturdays between 8:00 AM
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and 4:00 PM pursuant to Chapter 141 Article I of the Town of
Hopkinton General Bylaws.
12.The Applicant shall submit final as-built plans to the Planning
Board prior to the issuance of a Certificate of Occupancy.
13.A completed,signed SWPPP shall be provided to the Planning
Board prior to issuance of a building permit.
4.0 Zoning Board of Appeals Notices
●Notices of Decisions
○None
5.0 Other
●None
6.0 Next Meetings
●June 1
○Zoning Articles for Town Meeting
■Signs
■Solar Overlay
■GARD/VHRD Rubbish Collection
○Maspenock Woods
○47, 49 Stoney Brook
●June 22 (Conflict with ATM)
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