HomeMy Public PortalAbout20200601 - Planning Board - Agenda PacketHOPKINTON PLANNING BOARD
Monday, June 1, 2020 7:00 P.M.
REMOTE MEETING
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AGENDA
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1.Administrative Items
a.Form K Lot Release -Lot A-2-3 and Restricted Land Covenants -Legacy Farms
North
b.Minutes of April 23, 2020; April 27, 2020; May 11, 2020; and May 18, 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.
*APPLICANT HAS REQUESTED CONTINUATION TO JULY 13TH*
3.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.
4.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.
5.Continued Public Hearings - Zoning Articles for Town Meeting
Proposed amendments to the Hopkinton Zoning Bylaw and Zoning Map, including:
●Amend Article XXVII,Signs,Section 210-179,to allow for additional temporary signage
for businesses determined to be affected by construction within a public right-of-way.
●Establish the Commercial Solar Photovoltaic Overlay District and amend the Zoning Map
to place all or a portion of the following parcels within the Commercial Solar
Photovoltaic Overlay District,without affecting the underlying zoning of said parcels,as
applicable:
394 Wood Street (Assessors Map Ul Block 1 Lot 0),0 495 +Elm (1-495 ROW)
(R23-495-0),0 Wood Street (U6-21-0),5 Mechanic Street (U6-20-0),147 Lumber Street
(R29-15-0),201 Hayden Rowe (U24-24-0),0 Cedar Street (UII-26-B),0 Wilson Street
(U12-2-A),17 Wilson Street (UI2-1-A),0 Wilson Street (U11-30-0),67 East Main
Street (U7-1-0), 0 Frankland Road (U7-7-0), 71 Frankland Road (R9-5-0).
●Establish a Commercial Solar Photovoltaic Overlay District and amend the Zoning Map
to place all or a portion of the following parcels within this District without affecting the
underlying zoning of said parcels, as applicable:
Off Teresa Road (Assessors Map R23 Block 102 Lot 0);Off Teresa Road (Map R30
Block 20 Lot 0);0 Wood Street (Map U14 Block 28 Lot 0);495 Interstate (Map R17
Block 1 Lot 0);Off Route 495 (Map R17 Block 3 Lot 0);66 Fruit Street (Map U3 Block
13 Lot 0); and 66B Fruit Street (Map R6 Block 8 Lot 0).
●Amend Article XIII,Garden Apartments in Residential Districts,Section 210-74.B.(11)
and Article XIIIA,Village Housing in Residential Districts,Section 210-75.3.B.(11),to
require the Town of Hopkinton be responsible for trash and recycling collection within
the developments approved under these Articles.
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 27, 2020
TO: Planning Board
FROM: John Gelcich, Principal Planner
RE: Items on Planning Board Agenda, June 1, 2020
Link to Join: https://us02web.zoom.us/j/84997510863
Meeting ID: 849 9751 0863
Password: 341599
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: 06-01-20 Meeting Administrative Files)
1.1.Legacy Farms North Form K - Lot A-2-3 and Restricted Land Covenants
1.2.Minutes of April 23, 2020; April 27, 2020; May 11, 2020; and May 18, 2020
2.Maspenock Woods (West Elm Street)-Maspenock Woods Realty Trust (Files online
at: Maspenock Woods Files)
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3.0,71 Frankland Rd.-1)Special Permit for Solar;2)Stormwater Management Permit -
Seaboard Solar (Files online at: 71 Frankland Rd Solar Files)
4.47,49 Stoney Brook Road -Special Permit for Common Driveway -Prime Properties (Files online at: 47, 49 Stoney Brook Files)
5.Proposed Town Meeting Zoning Articles (Files online at:06-01-20 Meeting
Administrative Files)
5.1.Article XXVII, Signs, Section 210-179
5.2.Article XXXI, Commercial Solar Overlay District
5.3.Article XIII,Garden Apartments in Residential Districts,Section 210-74.B.(11) and Article XIIIA,Village Housing in Residential Districts,Section
210-75.3.B.(11) - Rubbish Disposal
6.Zoning Board of Appeals Notices (Files online at:06-01-20 Meeting Administrative
Files)
7.Next Meetings
1.0 Administrative Items
Files for Administrative items can be found online at:06-01-20 Meeting Administrative
Files
1.1.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:
06-01-20 Meeting Administrative Files
1.2.Minutes of April 23, 2020; April 27, 2020; May 11, 2020; and May 18, 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
APPLICANT HAS REQUESTED CONTINUATION TO JULY 13TH
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
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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 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
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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
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)
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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.
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.
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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
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.
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●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.
●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.
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●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
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 0,71 Frankland Road -Solar Special Permit and Stormwater Management Permit -
Seaboard Solar - PB-SPPT-2020-01 and PB-SMP-2020-01
3.1.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
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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.
3.2.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.
3.3.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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3.4.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.
3.5.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
3.6.Board Actions
The Board’s votes on the submitted materials will consist of:
●For the Stormwater Management Permit -Decision was due by 04/28/20
but tolls during the extent of the Governor’s Executive Order and a
majority vote is required for approval.All members are eligible to vote
but Rob Benson needs to sign a MMC.
●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 but Rob Benson
needs to sign a MMC.
3.7.Decision Criteria 3.7.1.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.
3.7.2.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
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Management Standards of the Massachusetts Stormwater Management
Policy.
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.
3.8.Motions
3.8.1.Findings
3.8.1.1.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.
3.8.1.2.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.
3.8.2.Approval/Denials
3.8.2.1.Stormwater Management Permit
3.8.2.1.1.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.
3.8.2.1.2.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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3.8.2.2.Special Permit
3.8.2.2.1.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.
3.8.2.2.2.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).
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.
14.Provide evidence of agreement with Eversource to perform work
within the easement on-site.
3.9.2.2.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
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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
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
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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.
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
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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.
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.
4.0 47,49 Stoney Brook Rd.-Special Permit for Common Driveway -Kenneth
Marsters, Prime Homes - PB-SPPT-2020-02
4.1.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.
4.2.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:
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(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.
(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.
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(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.
(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.
4.3.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.
4.4.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.
4.5.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
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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
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
4.6.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.
4.7.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.
4.8.Motions
4.8.1.Findings
4.8.1.1.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
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common driveway will not serve more than two single-family
dwellings.
4.8.2.Approval/Denials
4.8.2.1.Special Permit
4.8.2.1.1.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.
4.8.2.1.2.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).
4.9.Other
4.9.1.Requested Waivers
No waivers are requested for this proposed development.
4.9.2.Proposed Conditions
The following are conditions that the Board may want to include in any
approval issued for this project:
4.9.2.1.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
23
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.
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.
24
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.
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.
5.0 Proposed Town Meeting Zoning Articles
Documents relating to the Zoning Articles are located online here:06-01-20 Meeting
Administrative Files
5.1.Article XXVII, Signs, Section 210-179
5.1.1.Background
This proposed amendment is to address concerns with business owner
difficulties during periods of road construction in proximity to their
business.This amendment allows for four temporary signs,located a
maximum of 600 feet from the subject property,for the purpose of
directing customers to parking,indicating hours of operation,or
displaying messaging such as “open during construction”or other special
instructions to customers.
5.1.2.Town Counsel Comments
Most of the edits from Town Counsel are minor in nature,however,they
suggest removing the provision that lays out the purpose of the sign (i.e.
the language that is allowed to be displayed on the sign)as it would
constitute a violation of the First Amendment of the US Constitution.
5.2.Article XXXI, Solar Overlay District
For ease of access,documents associated with the Solar Overlay District Article
are located online here:Solar Overlay District Files and 06-01-20 Meeting
Administrative Files
5.2.1.Background
The purpose of this amendment is to restrict commercial solar
developments to an overlay district as depicted on the CSPVD Map.This
overlay generally includes sites that currently have approved solar arrays
25
located on them,as well as the Harvey Transfer Station and the median
of I-495.
At the last Planning Board hearing,the Board took the action of adding
three additional areas to the overlay map,including property adjacent to
Whisper Way,property adjacent to the existing solar installation on
Lumber Street, and the Town-owned Fruit Street property.
Several letters from the public have been received between the last
meeting and this meeting,specifically from the following members of the
public.These letters are in the Solar Overlay District Files and 06-01-20
Meeting Administrative Files folders:
●Thom Robertson
●Michael Sullivan
●Gail Ryan
●John Ryan
●Laura Poovakad
●Dana and Mona Hall
●Michelle and Jim Stillwell
●Brian Parras
●Tom Terry
●Sean and Jen Kimball
●Amy Peterson
●Rick Voss
●Denise Coccio
The proposed Overlay District Map has been updated to include the
additional parcels as well as removing a portion of the I-495 parcel that
housed the salt barn/warehouse.
5.2.2.Town Counsel Comments
The comments from Town Counsel are minor in nature and there are no
substantive changes.However,Town Counsel states that while they
believe the Attorney General’s Office,which typically examines whether
zoning changes are invalid “on its face”(without considering evidence of
the practical impact of the amendment),will approve the amendment,if
adopted at Town Meeting,they caution that the Town cannot implement
the provisions of the Zoning Bylaw,and specifically the solar portion,“in a
way that contravenes Section 3.”Town Counsel has suggested that the
Town may want to consider whether there is another way to apply these
provisions.
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5.3.Article XIII,Garden Apartments in Residential Districts,Section
210-74.B.(11)and Article XIIIA,Village Housing in Residential Districts,
Section 210-75.3.B.(11) - Rubbish Disposal
5.3.1.Background
The proposed change,as written,is to modify the Zoning Bylaw to
effectively require the Town to provide trash collection services to Garden
Apartment and Village Housing developments.
5.3.2.Town Counsel Comments
The letter from Town Counsel is located online here:06-01-20 Meeting
Administrative Files.
From Town Counsel:While the prohibition against providing rubbish
disposal services has received the approval of the Attorney General,I believe
that it is beyond the scope of the zoning power to compel the Town to provide
such rubbish disposal services.Accordingly,I suggest that,if the Planning
Board is in general agreement with the policy of the Citizen Petition,it should
recommend only the deletion of the existing prohibition.This would allow the
Department of Public Works to provide rubbish disposal if it so chooses,on
such terms as it may develop.
6.0 Zoning Board of Appeals Notices
●Notices of Decisions
○None
7.0 Other
●None
8.0 Next Meetings
●June 22 (Conflict with ATM)
●July 13th (John Gelcich may not be present)
●July 27th
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