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