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HomeMy Public PortalAbout20200713 - Planning Board - Agenda PacketHOPKINTON PLANNING BOARD Monday, July 13, 2020 7:00 P.M. REMOTE MEETING Link to Join:​ ​https://us02web.zoom.us/j/84691089948 Meeting ID: ​846 9108 9948 Password: ​764229 Call-in Phone Number: ​(646) 876-9923 AGENDA 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 1.Administrative Items a.Reorganization of the Board b.Notice of Vacancy - Amy Ritterbusch Resignation c.Fee Waiver for 79 Frankland Road ANR d.Discussion of “Actions Taken” Summary e.Minutes of April 27, 2020; May 11, 2020; May 18, 2020 2.Continued Public Hearings – Bucklin St. & Leonard St. – 1) Stormwater Management Permit; 2) Petition to Construct a Paper Street – Wall Street Development Corp. Proposal to construct a paper street entitled “Bucklin Street”; Proposal to construct four (4) single-family homes with driveways, utilities and associated grading. A stormwater management permit is required because the project will result in land disturbance of one acre or more and it is not a “subdivision.” *CONTINUATION REQUESTED BY APPLICANT* 3.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. 4.Continued Public Hearings - Solar Special 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. Business to be considered by the Board at any time during the meeting: ●Legacy Farms Road/East Main Street Traffic Light Status ●Growth Study Committee Update ●Discussion regarding cul-de-sac length in OSLPD developments ●OSLPD regulation change recommendations to ZAC ●Master Plan Action Items ●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:  July 8, 2020     TO:  Planning Board     FROM: John Gelcich, Principal Planner     RE: Items on Planning Board Agenda, July 13, 2020      Link to Join:​ ​https://us02web.zoom.us/j/84691089948  Meeting ID: ​846 9108 9948  Password: ​764229    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      Message from the Chair:    Fellow Planning Board members this is a simple FYI for Monday's meeting,I will not be in                  attendance,as I am taking a well deserved break in the woods with some of my                 family.members for a long weekend.I wanted to make sure everyone remembers that I am                not willing to serve as chair next year in part because I think every board benefits from                  rotation in leadership and more importantly because there is so much talent on this board                that we deserve to benefit from.Please think thoughtfully about your willingness to serve               in differing roles in the coming year(s)and good luck in the re-org on Monday night.                 Honestly, the board is in good hands however the decision is voted. 😊     We will also probably need to add to a future agenda some discussion of replacing Amy on                  the GSC,as she currently serves as a PB rep there as I do as well.There is no real hurry,as                       1 that board is on hold during the current but evolving state of emergency.We will need to                  address it sometime soon, however.     And before I forget, WELCOME to Sundar; we are so happy to have you joining us!    Have a great meeting; stay safe! And I will see you all soon.      Contents:  1.Administrative Items (Files online at: ​07-13-20 Meeting Administrative Files​)  1.1.Reorganization of the Board  1.2.Vacancy Announcement - Amy Ritterbusch Resignation  1.3.79 Frankland Road ANR - Hopkinton Area Land Trust - Fee Waiver  1.4.Discussion of “Actions Taken” Summary  1.5.Minutes of April 27, 2020; May 11, 2020; May 18, 2020  2.Bucklin St.&Leonard St.–1)Stormwater Management Permit;2)Petition to              Construct a Paper Street –Wall Street Development Corp.(Files online at:             Bucklin-Leonard Street Stormwater​)    3.Maspenock Woods -Proposed amendments to Special Permit and Site Plan            Approval for demolition and replacement of existing dwelling unit at 5 West Elm              Street (Files online at: ​Maspenock Woods Files​)    4.0,71 Frankland Rd.-1)Special Permit for Solar;2)Stormwater Management Permit -                Seaboard Solar (Files online at: ​71 Frankland Rd Solar Files​)  5.Zoning Board of Appeals Notices (Files online at:​07-13-20 Meeting Administrative           Files​)  6.Next Meetings  1.0 Administrative Items Files for Administrative items can be found online at:​07-13-20 Meeting Administrative             Files   1.1.Planning Board Reorganization Following the Town Election,the Planning Board has the responsibility of electing             a Chair and Vice Chair.This is usually done early in the meeting and the new                appointees immediately assume their responsibilities.   1.2.Announcement of Planning Board Vacancy - Amy Ritterbusch  Amy Ritterbusch recently was elected to the Select Board and has opted to             resign from her seat on the Planning Board,effective July 1,2020.The Planning               2  Board is required to announce this vacancy at a public meeting,which then sets               a series of actions in motion to fill the vacancy.     Once the Board announces the vacancy,a notice is published in local media              advertising the vacancy and requesting letters of interest from Hopkinton           residents.The window to submit a letter of interest is 10 days from the               publication of the notice.     Once that time has concluded,the Planning Board and Select Board hold a joint               meeting to appoint the new Planning Board member to serve until the next              Town Election, which is anticipated for May/June 2021.     1.3.Approval Not Required Plan - Frankland Road 79 - HALT - Waiver of Fees  The applicant that submitted the ANR that was approved at the last Planning              Board meeting had the request for the fee to be waived as they are a non-profit                 organization working within the Town (HALT).The Board needs to vote whether             or not to waive this fee.The fee is administrative and it is not uncommon for the                  Board to grant this waiver.     1.4.Discussion of “Actions Taken” Summary  Amy Ritterbusch,when she was on the Board,prepared an “Actions Taken”             summary for Planning Board meetings that were published in local media.It             was suggested that someone take this on in place of Amy.   1.5.Minutes of April 27, 2020; May 11, 2020; May 18, 2020    2.0 Bucklin St.&Leonard St.–1)Stormwater Management Permit;2)Petition to              Construct a Paper Street – Wall Street Development Corp.    The Applicant has requested a continuation of the hearing and decision deadline for              30 days.This would put the hearing date as August 10th,since that is the only PB                  meeting.    2.1.Background   Proposal to construct a paper street entitled “Bucklin Street”;Proposal to            construct four (4)single-family homes with driveways,utilities and associated           grading.A SMP is required because the project will result in a land disturbance               of one acre or more and it is not a “subdivision”.      The applicant submitted revised plans since the Board last discussed the project,             which have been reviewed by BETA Group.The materials and the review letter              are included with the meeting materials,and BETA’s outstanding comments are            noted below.    Petition Process:​The Applicant’s representative and Town Counsel have been in            discussion about the status of Bucklin Street,whether the proposed subdivision            will qualify for “Approval Not Required”endorsement,and how to approach            3  reviewing the work needed to build out Bucklin Street and install utilities,as              approval of roadway design is not part of the Stormwater Management Permit             application review.As a result of these discussions,the Applicant has submitted             a petition under the provision of M.G.L.c.41,sec.81FF for approval of the                construction of Bucklin Street.In summary,c.41,§81FF serves to protect lots,              shown on a recorded plan,that were sold off and in existence prior to the                Subdivision Control Law (1953)from having to comply with subdivision           regulations.    Town Counsel agrees that §81FF appears to apply to the subject parcel.             However,there are two important caveats:First,case law has clearly established             that planning boards have the authority to review and impose conditions on             construction of roads and utilities associated with lots protected by §81FF.In the              past,the Hopkinton Planning Board has required applicants claiming the §81FF            exemption to petition for Planning Board approval of the roadway and utilities             associated with the grandfathered lot.(The Applicant has now done so,            consistent with the Planning Board’s past practice).Second,the c.41 §81FF             exemption would be applicable to only the existing lot on Bucklin Street.             Subdivision of that lot is fully subject to the Subdivision Control Law.If the               applicant were to obtain approval of the roadway pursuant to c.41 §81FF,              endorsement of an ANR plan by the Board (or approval of a definitive              subdivision plan) would still be required in order to divide the existing lot.     Ownership of Bucklin Street:Town Counsel believes that the Applicant has made a              sufficiently credible claim of ownership rights in Bucklin Street for the purpose of              the roadway petition.Town Counsel notes that an approval by the Planning             Board does not adjudicate property rights,and that the abutters may choose to              contest the Applicant’s rights.Any property rights dispute would be a private             matter between the parties, not involving the Town.      Way in Existence:​At the public hearing on 1/28/19,the Board focused on              whether Bucklin Street was a “way in existence”in 1953.The Applicant formally              requested that the Board make a determination on the way in existence             question,and the Board voted 2 in favor with 7 opposed on a motion to                determine that Bucklin St. was a way in existence in 1953.    2.2.Recent Updates  The Applicant has held several meetings with Town staff and the Conservation             Commission in between Planning Board meetings.The Applicant has included a            new proposal for the site,similar to what was previously proposed,but reducing              the development plan to three (3)lots and gaining access via Leonard Street,              effectively abandoning Bucklin Street,with the exception of using that portion of             the site for utilities and drainage infrastructure.     Mr.Petrozzi is still working with the Conservation Commission on the revised             proposal and is looking to present this plan to the Planning Board for comment               before moving forward with an approval request.     4  2.3.Regulatory Review  2.3.1.Chapter 172, Stormwater Management and Erosion Control  The proposed work must comply with the Stormwater Regulations,          adopted in 2008 and revised in 2014.     2.4.Relevant Materials  Materials relevant for this meeting are listed below:  ●No new information has been received.    All materials for this project are located in a public shared folder on Google Drive                at the following link: ​Bucklin-Leonard Street Stormwater    2.5.Comments Received  Consultant Review:  Stormwater Management Criteria: The project is subject to the Stormwater  Management Standards in General Bylaws Chapter 172. The following are the  conditions BETA recommends be included should the Permit be approved:    Standard 2:   Design consistent with LID techniques, BETA recommends conditions:  ●Porous pavement and subdrain connection to be reviewed and approved  by DPW;  ●Soil tests be conducted to maintain 2 feet of separation from bottom of  pavement section to seasonal high groundwater elevation;  ●Developer/homeowners to assume responsibility of  maintenance/replacement (if necessary) of porous pavement to provide  stormwater management runoff control. (SW4)      Standard 3:   ●The proposed basin is above existing grade. Recommend including a  condition that a representative of the Town observe topsoil excavation  prior to placement of fill to verify design assumption of soils. (SW7)  ●Board should discuss if seeding meets the intent of the requirement.  (SW12)    Standard 8:   Recommend including the following conditions:  ●Provide provisions to protect the infiltration basin from sedimentation  during construction. Once site is stabilized basin can be excavated to  finish grade. (SW16)  ●Provide a final signed SWPPP prior to construction. (SW17)  ●The Town or an agent for the Town observe the excavation of the  infiltration basin prior to loam and seed to verify design assumptions  including groundwater elevations and infiltration rate. (SW18)    Standard 9:   5  Include condition to provide estimated operations and maintenance budget.  (SW23)    Non-stormwater outstanding BETA comments are:    1.BETA recommends including a condition that requires positive drainage  around the existing house at 62 Pleasant Street. (G1)  2.New driveway for house at 62 Pleasant St. shown on plan; will require  approval by owner of 62 Pleasant St. (G3)  3.Applicant proposes overhead utilities. BETA defers to the Board on this  issue. (G4)  4.Re truck turning radius for emergency vehicles within Bucklin St. to turn  around. Sketch Plan provided. Sketch Plan shows vehicle exceeding the  length of the easement. Either expand easement or provide plan that  shows vehicle can make the turnaround in space provided. BETA defers  to Fire Dept. for final approval. (T2)  5.Sketch plan provided that shows truck turns at the intersection of Bucklin  and Pleasant. Sketch plan shows fire truck needing to use oncoming lane  in Pleasant St. to make the turn. BETA defers to Fire Dept. for final  approval. (T3)    Town Counsel Comments  In response to Mr.Petrozzi’s email dated 9/25/19,Town Counsel has provided             the following response to the Planning Board:    I think that the Planning Board understands the proper application of §81FF,since              they have issued a number of decisions in matters involving that section.My              understanding is that the Board has asked Wall Street to redesign the ROW to expand                it to 40 feet where practicable and that Mr.Petrozzi has refused.If that’s the case,                 then I think that the Board is justified in denying the waiver requested,as long as the                  grounds are made clear in the minutes and in the decision (i.e.that Wall Street’s                design did not reflect compliance with the regulation to the full extent practicable).    2.6.Decision Criteria   2.6.1.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.     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.      6  2.6.2.Petition to Construct a Paper Street  The standard for approving the paper street design and construction           details is that the Board must apply the current Subdivision Regulations            to the greatest extent practicable.     2.7.Public Hearing Outline  1.Project introduction and review – Applicant  2.Principal Planner Comments  3.Consultant Review – BETA Group  4.Planning Board members and Public – Add to outline  5.Detailed Discussion  5.1.Site visit follow up  5.2.Road design  5.2.1.Dead end  5.3.Lot layout design  5.4.Public safety  5.4.1.Fire department access  5.4.2.Traffic impacts from development  5.5.Stormwater management  5.5.1.Impact on abutters on Pleasant St.  5.5.2.Impact on abutters on Maple Street Extension  5.5.3.Soil testing  5.5.4.Compliance with standards  5.6.Utilities;Municipal water &sewer;underground or overhead         utilities  5.7.Legal issues:  5.7.1.Right to make improvements  5.7.2.Way in existence in 1953  5.8.Historic Preservation  5.8.1.Stone walls   5.9.Waiver requests  5.10.Conservation Commission review/wetland impacts  6.Public comment/discuss standards and plan revisions to be made  7.Discuss SWMP and Roadway Petition conditions of approval with          applicant  8.Public comment  9.Vote on determination relative to Way in Existence in 1953  10.Vote on the Roadway Petition  11.Vote on the Stormwater Management Permit  12.Close public hearing    2.8.Board Actions  The Board’s votes on the submitted materials will consist of:  ●For the SMP -Decision is due by 07/20/20 and a majority vote is required                for approval.​Robert Benson,Jane Moran,and Sundar Sivaraman are not            eligible to vote.     7  ●For the Petition to Construct a Paper Street -Decision is due by 07/20/20.               A majority vote is required for approval.​Robert Benson,Jane Moran,and             Sundar Sivaraman are not eligible to vote.     No revised plan or new information has been submitted addressing the            waivers that were not granted.      ●Determination as to whether Bucklin St.was a way in existence in 1953,              for the purposes of ANR endorsement.​BOARD VOTED 2-7-0 (1/28/19)            on a motion to determine that Bucklin St.was not a way in existence               in 1953.      2.9.Other  2.9.1.Requested Waivers  As submitted 7/7/2019,waiver from the Hopkinton Rules and Regulations           Governing the Subdivision of Land:    1.✔​Section 5.4 - Environmental Analysis - No Environmental Analysis  2.✔​Section 5.4 - Traffic Impact Report - No Traffic Report  3.✔​Section 8.2.1.G. - Property Lines/Pavement Rounding at street  intersections.  4.✔​Section 8.2.2.A. - Granite Curbing - No Granite Curbing  5.​Section 8.2.2.C. - Modified Cape Cod Berm - No Cape Cod Berm (only  on the southern side of the road)  6.​Section 8.2.3.A. - Width of Street Right of Way - Less than 40’/Existing  Variable Width Right-of-Way  7.✔​Section 8.2.3.C. - Type of Street/Pavement Width - Rural/20 feet  Pavement Width ​(Board determined road was “rural” - not a  waiver)  8.​Section 8.2.5.A., B., and C. - Dead End Streets/Turnaround -  Hammerhead Turnaround with Emergency Access  9.​Section 8.2.6.A. - Side Slopes - Inside Layout  10.✔​Section 8.3.1., 8.3.2., 8.3.3., and 8.3.4. - Sidewalks, driveways, etc. -  No sidewalks  11.✔​Section 8.4.10. - Stormwater Basin Setback - Less than 25 feet from  Property Line  12.✔​Section 8.7.2 - Street Lights - No Street Lights  13.​Section 9.11 - Bounds - 4”x4”x3’ Concrete Bounds as required  14.✔​Section 9.12.4 - Street Trees - No existing trees to be retained in  Right-of-Way; No shade trees to be planted within Right-of-Way    All improvements and utilities to be constructed as shown on the plans.     8  2.9.2.Proposed Conditions  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            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.   9  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 ¼to 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.   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.   10  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 Hopkinton 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 by,and            written approval from the Principal Planner.  4.A copy of thesigned Stormwater Pollution Prevention Plan (SWPPP)          shall be provided to the Board prior to the commencement of            construction.   5.All required SWPPP Stormwater Construction Site Inspection Reports         shall be submitted to the Principal Planner within 14 days of each             inspection.  6.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.  7.The approved plan shows the use of porous pavement within the road             right of way.Prior to the commencement of construction,the           Applicant shall submit to the Planning Board the following          information: (BETA SW4)  a.Documentation that the Hopkinton Dept.of Public Works has          reviewed and approved the use of porous pavement within the           Town right of way,if any,and the subdrain connection to the             Town catch basin;  b.The results of a witnessed soil test conducted to determine           whether there will be a minimum of 2 feet of separation from             the bottom of the pavement section to seasonal high          groundwater elevation;  c.Draft homeowners association documents for Planning Board        review which describe the duties of an association to maintain           11  and replace the porous pavement as needed,to provide          stormwater management runoff control in the future.  8.A representative of the Town shall be on-site to observe topsoil            excavation prior to the placement of fill to verify design assumption            for soils (BETA SW7).If the design assumption is not supported by the              observation,the Applicant shall re-design the stormwater        management system to reflect the change.No site work shall           proceed until the system has been redesigned and approved by the            Planning Board.  9.With respect to Stormwater Management Standard 3,loam and seed           does not provide the required woody and herbaceous vegetative          stabilization and management techniques to be used within and          adjacent to the stormwater practice.The Applicant shall submit a           revised plan showing woody and herbaceous vegetative stabilization         to the Board for review prior to the commencement of construction.            (BETA SW12)  10.With respect to Stormwater Standard 8,the Applicant shall provide a            note on the plan that the infiltration basin is to be initially excavated              12 inches higher than finish grade.Once the site is stabilized,then it              can be excavated to finish grade. (BETA SW16)  11.A representative of the Town shall observe the excavation of the            infiltration basin prior to loam and seed to verify design assumptions            including groundwater elevations and infiltration rate (BETA SW18).If          the results of the observation indicate the presence of unacceptably           high groundwater,all construction activity shall cease until an          acceptable design modification has been reviewed and approved by          the Board.  12.The Operations &Maintenance Plan for the stormwater management          system shall include an estimated operations and maintenance         budget (BETA SW23)  13.No construction activity shall commence until all approvals have been           obtained;including,but not limited to,an Order of Conditions from            the Conservation Commission,and approval of the Petition to          construct Bucklin Street from the Planning Board.  14.Positive drainage shall be provided around the existing house at 62            Pleasant Street.  15.The Applicant shall provide the Board with the signed agreement for a             new driveway for the house at 62 Pleasant Street by the owner of that               property.         12  3.0 Maspenock Woods -Proposed amendments to Special Permit and Site Plan            Approval for demolition and replacement of existing dwelling unit at 5 West Elm              Street     3.1.Background  The application described below was submitted to the Board on October 31,             2018 (modified March 7,2019 to include a request to amend the Special Permit),               April 10,2019,and May 14,2019.The minor site plan modifications to units 21,                22, 23, and 24 was approved by the Planning Board previously.     ●Public hearing for proposed amendments to Special Permit and Site Plan            Approval -Garden Apartments in Residential Districts (Article XIII).The           applicant proposes to modify the previously granted waiver for house           location for the dwelling unit at 5 West Elm Street,to be located              approximately 50 feet from West Elm Street and 27.2 feet from the             northern property line.The applicant proposes to demolish the existing           dwelling unit and rebuild a single dwelling unit in its place,in a different               location on the site.   The previous decision (dated December 20,2005)approved a waiver of the            100-foot setback for buildings (allowed for reduction to 75 feet).A second             waiver,for the setback requirements for 5 West Elm Street specifically,was            granted to allow for retention of the existing house in its present location.The               setback for the side yard was determined to be 48 feet.    3.2.Recent Updates The Applicant has submitted new plans to the Board that were received before              the deadline for the meeting. These plans have been included in the project file.    3.3.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:    13  Minimum setback from the street line:50 feet  Minimum side yard width:25 feet  Minimum rear yard width: 20 feet     3.4.Relevant Materials   ●Email from P. Barbieri, dated 07/06/20  ●Revised Garage Plan, dated 07/06/20  ●Revised Unit 31 NOI Plan, dated 07/06/20    All materials for this application are located in a public shared folder on Google               Drive at the following link: ​Maspenock Woods Files    3.5.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.     3.6.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)  14  5.14.Impacts on: 1) schools; 2) other municipal services; 3) value of  neighboring residential properties  5.15.Town Department and Board/Committee Comments not  covered above  6.Additional or New Comments and Information  7.Standards/Findings  7.1.Discuss Site Plan standards and plan revisions to be made (if  applicable)  7.2.Discuss Special Permit findings (if applicable)  7.3.Discuss findings and standards for other approvals (if  applicable)  8.Discuss/Vote on waivers (if applicable)  9.Discuss conditions of approval   10.Final public comment  11.Vote to close public hearing  12.Vote on Permits being requested  3.7.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).     15  Site Plan Approval Criteria (§210-75.A.(2)(d))  Approval criteria.  1.Before the Planning Board may approve the site plan,it shall determine             each of the following:  a.That the plans provide adequately for convenience and safety of           vehicular and pedestrian movement within the site and in relation to            adjacent streets, property or improvements.  b.That the plans assure the adequacy of the methods of disposal of             sewerage,refuse and other wastes and the methods of drainage for            surface water and seasonal flooding, if any.  c.All of the provisions of this Chapter,including §210-72A and B,have              been complied with and all necessary special permits and variances           have been granted from the Board of Appeals.  2.If the Planning Board does not make all of the above determinations,it              shall deny the application stating its reasons for such denial.    Pursuant to §210-75.B.,the approved garden apartment site plan may be            modified or amended by the Planning Board on its own motion or,as with this                case,upon application by the developer.If the Board determines that such             modifications are significant,it shall hold a public hearing in accordance with the              requirements and process of a new site plan submission,as set forth in              §210-75.A.(2).The Board should determine whether the modifications proposed          are considered significant.If so determined,the project will be advertised and             noticed as required.If determined not to be significant,the Board is able to               approve the changes at this hearing.     3.8.Board Actions  ●For the 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).Jane Moran and Sundar              Sivaraman are not eligible to vote.     ●For the Special Permit Amendment,a ⅔majority of the Board is necessary(6              votes).​Jane Moran and Sundar Sivaraman are not eligible to vote.​The Board              likely will not have the necessary votes to approve this application with             Muriel absent.     3.9.Other   3.9.1.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          16  Plan Review.This includes the driveway/roadway and        infrastructure construction shown on the Plan.If the Director of           Municipal Inspections determines at any time before or during          construction that a registered professional engineer or other such          outside professional is required to assist with the inspections of           the storm water management system or any other component of           the Site Plan,the Applicant shall be responsible for the cost of             those inspections.    ●All construction activities shall adhere to applicable local,State and           Federal laws and regulations regarding noise,vibration,dust,         sedimentation,and the use of,interference with or blocking of           Town roads.    ●The Applicant shall be responsible for mitigating all         construction-related impacts,including erosion,siltation and dust        control.The Applicant shall maintain all portions of any public way            used for construction access free of soil,mud or debris deposited            due to use by construction vehicles associated with the project,           and shall regularly sweep such areas as directed by the Director of             Municipal Inspections in consultation with the DPW Director.    ●The Applicant shall regularly remove construction trash and debris          from the site in accordance with good construction practice and           the Construction Management Plan.No tree stumps,demolition         material, trash or debris shall be burned or buried on the site.    ●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           17  $​DOLLARS to the Town prior to the commencement of          construction pursuant to this Decision.The guarantee shall consist          of a deposit of money or negotiable securities in a form selected             by the Planning Board to guarantee that any unforeseen problems           which arise,such as erosion and sedimentation,the correction of           site lighting problems,danlage to street trees,damage to          pavement,and damage to signs,are addressed.The funds will be            held by the Town and returned to the Applicant upon completion            of the project.    ●All sidewalks (if proposed)within the project shall comply with ADA            regulations.    ●If construction has not commenced within two (2)years of the            date of filing of the Site Plan decision with the Town Clerk,             approval shall be automatically rescinded,unless such time is          extended by the Board.For the purposes of this condition,the            term "commenced" shall mean the commencement of site work.    ●A completed,signed Construction Management Plan shall be         submitted to the Planning Board prior to the commencement of           any site work.The Applicant shall also submit a revised full Site             Plan Set which incorporates all of the modifications made during           the public hearing process and any required in this Decision.    ●Erosion and sedimentation control measures shall be        implemented during the construction period,in accordance with         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.   18  4.0 0,71 Frankland Road -Solar Special Permit ​and Stormwater Management Permit -              Seaboard Solar - PB-SPPT-2020-01 ​and PB-SMP-2020-01    4.1.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 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 the 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.     4.2.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.     §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 25% TBD 60% TBD  19  Coverage  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.    4.3.Relevant Materials  ●Email from Shaun McAuliffe, Health Director, dated 07/02/20  ●Email from Bryan Besso, Health Department, dated 07/06/20   All materials for this application are located in a public shared folder on Google               Drive at the following link: ​71 Frankland Street Files​.   4.4.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.​ ​Provided  4.Provide evidence of agreement with Eversource to perform work within          the easement on-site.Conditioned in the Stormwater Management         Permit 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             20  mix to encourage use of the land as a meadow,if this mix does not                accomplish this.     4.5.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  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  21  12.Vote on Permits being requested    4.6.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.​Permit was granted on June 22,               2020; Issued July 6, 2020.   ●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.​Sundar Sivaraman is not eligible to vote on this             application.   4.7.Decision Criteria   4.7.1.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.   4.7.2.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.    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.   4.8.Motions 4.8.1.Findings  4.8.1.1.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           22  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.    4.8.1.2.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.    4.8.2.Approval/Denials  4.8.2.1.Stormwater Management Permit   4.8.2.1.1.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.     4.8.2.1.2.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​).     4.8.2.2.Special Permit   4.8.2.2.1.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.     4.8.2.2.2.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)​.   4.9.Other  4.9.1.Requested Waivers  No waivers are requested for this proposed development.      23  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 shall inspect 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.    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           24  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.    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.     15.On behalf of the Applicant,the Narragansett Tribe of Rhode Island            and the Wampanoag Tribe of Aquinnah (the “Tribes”)shall          complete a survey to identify the features and any associated           alignments within the areas of potential effect of any cultural or            historic resources,and determine what impact avoidance plan will          25  be necessary in order to protect the resources.In areas identified            as requiring protection,the engineering of the solar facility racking           systems and associated infrastructure shall be designed to protect          and preserve the integrity of the identified cultural and/or historic           resources.A final engineering plan shall be provided to the           Planning Board and to the Tribes at least seven days prior to the              Applicant’s filing for a building permit for the solar facility.     16.The Tribes or their designated representatives shall be given a           reasonable opportunity to be present as construction monitors         during tree clearing in the areas of identified cultural or historic            resources where such clearing is to be allowed by hand,and for             the installation of racking systems and associated infrastructure,         to determine compliance and to identify any petroglyphs,remains          or new cultural or historic resources to be preserved and           protected after the land is cleared.The Applicant shall notify the            Planning Board if,after given a reasonable opportunity to be           present, the Tribes will not be present as construction monitors.    17.The final cultural and historic resources survey and protection          plan shall be provided to the Hopkinton Historical Commission          upon completion.     18.Prior to the commencement of construction,the Applicant shall          submit a detailed estimate of the cost of removal of the            installation and to complete all of the obligations contained in           Condition #20,for review by the Board’s engineer.Prior to the            commencement of construction,the Applicant shall obtain Board         approval of this estimate.    19.In accordance with the provisions of Section 210-203.E,the          Applicant shall post a performance bond with the Town to           guarantee proper maintenance and removal of the solar facility,in           an amount equal to the estimated cost approved pursuant to           Condition #18.A letter of credit or other surety,issued by a bank              doing business in the Commonwealth pursuant to proper         licensure from the Massachusetts Division of Banks,shall be one           acceptable form of the performance bond.The Town shall be a            named obligee under the bond,together with the Applicant and           Owner to ensure that the Town may avail itself of the bond in the               event that the Applicant or Owner fails to maintain or           decommission the solar facility.No construction or preparation         for construction shall commence on site until the Applicant has           26  posted the performance bond required by this Condition with the           Town, in a form acceptable to Town Counsel.    20.If the Director of Municipal Inspections determines,pursuant to          Section 210-204 of the Zoning Bylaw,that the commercial solar           photovoltaic installation has been discontinued,the Owner shall         remove the installation,including all structures,equipment,        security barriers and transmission lines,and stabilize or         re-vegetate the site as necessary to minimize erosion and          sedimentation,at the owner’s sole expense,within three (3)          months of receipt of a Notice of Discontinuance.    21.The Owner of the Subject Property and the Operator of the solar             facility shall have a decommissioning agreement in place for as           long as the solar facility is located on the property.    22.When decommissioning and removing the solar facility,the Tribes          shall be given a reasonable opportunity to be present as monitors            to ensure that the historic and/or cultural resources are protected           during the decommissioning and removal process.    23.Prior to any construction or preparation for construction,the          Applicant or Owner shall provide a performance guarantee in the           amount of $10,000 to secure future maintenance of the required           screening for up to five (5)years,such period to commence on the              date on which the first plantings are installed.The performance           guarantee shall be in the form of a surety bond or deposit of              money.In the event that the Owner does not maintain screening            plantings in accordance with appropriate procedures or that         screening plantings die within the five-year performance        guarantee period,the Board shall have the authority to expend           any portion of the performance guarantee for this purpose,          without consent of the Applicant or Owner,if the Applicant or            Owner does not take corrective action within a reasonable period           of time.    24.Prior to any construction or preparation for construction,the          Applicant or Owner shall provide a performance guarantee for five           (5)years,in the amount of $10,000,to secure future maintenance            of the stormwater management system.The performance        guarantee shall be in the form of a surety bond or by a deposit of                money.In the event that the Owner does not follow the            maintenance procedures and programs contained in the        27  Stormwater Management Permit and the Long Term Operation &          Maintenance Plan,the Board shall have the authority to expend           any portion of said security to provide for such maintenance,           without consent of the Applicant or Owner,if the Applicant or            Owner does not take corrective action within a reasonable period           of time.Prior to the end of the initial and any subsequent surety              period,the surety shall be renewed for an additional five (5)years,             until the solar facility is decommissioned.     4.9.2.2.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.   28  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  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.  29  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.  6.All required SWPPP Stormwater Construction Site Inspection  Reports shall be submitted to the Principal Planner within 14 days  of each inspection.  30  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.     5.0 Zoning Board of Appeals Notices  ●Notices of Decisions  ○None  ●Public Hearing Notices  ○None    6.0 Other    7.0 Next Meetings  ●July 27th  ○Board Appointments  ●August 10th (Only August meeting)  ○Zoning Articles for Town Meeting  ○Bucklin/Leonard  31