HomeMy Public PortalAbout20200914 - Planning Board - AgendaHOPKINTON PLANNING BOARD
Monday, September 14, 2020 7:00 P.M.
REMOTE MEETING
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AGENDA
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1.Administrative Items
a.Board Appointments
i.ZAC - Curtis Smithson
b.Minutes of June 1, 2020; June 22, 2020
2.Continued Public Hearing -Maspenock Woods (West Elm Street)-Maspenock Woods
Realty Trust
Proposed amendments to the Special Permit and approved Site Plan pursuant to the Garden
Apartments in Residential Districts Bylaw,to allow demolition and replacement of the existing
dwelling at 5 West Elm Street.
3.New Public Hearing - Deer Ridge Estates / Lincoln St. & Cedar St. Ext. - OSLPD Concept
Plan/Special Permit - Courtney Derderian, CS2K
Proposed Open Space and Landscape Preservation subdivision with eight (8) new building lots,
two (2) cul-de-sacs.
4.New Public Hearing - 114 Pond Street - Scenic Road Application - Brain Gassett
Joint Public Hearing with (Acting) Tree Warden - Proposed removal of trees and stone wall.
5.New Public Hearing - Leonard Street - Petition to Construct Leonard Street - Wall Street
Development Corp
Proposal to build out Leonard Street in order to accommodate three proposed building lots.
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: September 10, 2020
TO: Planning Board
FROM: John Gelcich, Principal Planner
RE: Items on Planning Board Agenda, September 14, 2020
Link to Join: https://us02web.zoom.us/j/83003678577
Meeting ID: 830 0367 8577
Password: 673533
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:
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For telephone-only support information visit:
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Contents:
1.Administrative Items (Files online at: 09-14-20 Meeting Administrative Files)
1.1.Board Appointments
1.1.1.Zoning Advisory Committee
●Curtis Smithson
1.2.Minutes of June 1, 2020; June 22, 2020
2.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)
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3.Deer Ridge Estates /Lincoln St.&Cedar St.Ext.-OSLPD Concept Plan/Special Permit
- Courtney Derderian, CS2K (Files online at: Deer Ridge Estates Files)
4.114 Pond Street -Scenic Road Application -Brain Gassett (Files online at:114 Pond
Street Scenic Road Files)
5.Leonard Street -Petition to Construct Leonard Street -Wall Street Development
Corp (Files online at: Leonard Street Petition Files)
6.Zoning Board of Appeals Notices (Files online at:09-14-20 Meeting Administrative
Files)
7.Next Meetings
1.0 Administrative Items
Files for Administrative items can be found online at:09-14-20 Meeting Administrative
Files
1.1.Board Appointments
1.1.1.Zoning Advisory Committee
Curtis Smithson has submitted an application for an at-large seat for ZAC.
The Conservation Commission reappointed Ted Barker-Hook,the
Chamber of Commerce reappointed Ron Foisy,and the ZBA reappointed
Ria McNamara.
1.1.2.Minutes of June 1, 2020; June 22, 2020
2.0 Maspenock Woods -Proposed amendments to Special Permit and Site Plan
Approval for demolition and replacement of existing dwelling unit at 5 West Elm
Street
2.1.Background
The application described below was submitted to the Board on October 31,
2018 (modified March 7,2019 to include a request to amend the Special Permit),
April 10,2019,and May 14,2019.The minor site plan modifications to units 21,
22, 23, and 24 was approved by the Planning Board previously.
●Public hearing for proposed amendments to Special Permit and Site Plan
Approval -Garden Apartments in Residential Districts (Article XIII).The
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
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waiver,for the setback requirements for 5 West Elm Street specifically,was
granted to allow for retention of the existing house in its present location.The
setback for the side yard was determined to be 48 feet.
2.2.Recent Updates
No new information has been received since the previous meeting when this
project was discussed.
2.3.Regulatory Review
Setback Requirements of Garden Apartments in Residential District
(“GARD”) (§210-74.B.(7)) (emphasis added):
All buildings must be located a minimum of 100 feet from any side or rear lot line
and 100 feet from any established street layout or,where applicable,any defined
street line of a public road,which street setback area shall be undeveloped and/or
landscaped.Upon a finding by the Planning Board that a setback of lesser width
would be sufficient to screen and/or separate the development from adjacent
property,or would allow a historic structure to be preserved,the setback may
be reduced.The Board may require no-cut easements,conservation restrictions,
historic preservation restrictions or the like where the setback has been reduced.
Buildings shall be located a minimum of 20 feet from interior roadways and
driveways which are not considered streets or public roads.
The underlying zoning of the site is the Residential B (RB)district.The
requirements of the GARD supersede the requirements of the RB,however,this
dimensional information is provided for informational purposes.The setback
requirements of this district are detailed below:
Minimum setback from the street line:50 feet
Minimum side yard width:25 feet
Minimum rear yard width: 20 feet
2.4.Relevant Materials
●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
2.5.Comments Received
Board of Health Comments:
The Board of Health submitted a letter dated June 10,2019 stating the following
comments:
Provided that the next changes in area do not reduce and/or negatively impact any
previously approved regulatory offsets, the Department has no comment.
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The Department looks forward to a review of the site development plans for 5 West
Elm Street.
2.6.Public Hearing Outline
1.Project introduction and review - Applicant
2.Staff Report
3.Consultant Review
4.Planning Board members and Public – Add to Detailed Discussion items
5.Detailed Discussion, with Public Comment for each topic
5.1.Vehicular and pedestrian traffic flow; truck traffic flow;
emergency vehicle access
5.2.Intended uses
5.3.Stormwater management
5.4.Site lighting
5.5.Utilities; Water/Sewer use
5.6.Parking lot layout; dumpster location; snow storage/snow
removal
5.7.Noise; HVAC/exhaust systems; Screening of HVAC (if
applicable)
5.8.Crosswalk location; Sidewalks
5.9.Building design and landscaping
5.10.Historic Structures (if applicable)
5.11.Signage
5.12.Solar Panels/alternative energy
5.13.Affordable Housing Units (if applicable)
5.14.Impacts on: 1) schools; 2) other municipal services; 3) value of
neighboring residential properties
5.15.Town Department and Board/Committee Comments not
covered above
6.Additional or New Comments and Information
7.Standards/Findings
7.1.Discuss Site Plan standards and plan revisions to be made (if
applicable)
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
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2.7.Decision Criteria
Special Permit Approval Criteria (§210-75.A.(1)(d))
Approval criteria.Before the Planning Board may issue the special permit,it shall
determine each of the following:
1.That the proposed development constitutes a desirable development in
the neighborhood and in the town.
2.That the proposed development will not be detrimental to the
neighborhood or the town.
3.That the plans generally provide adequately for convenience and safety
of vehicular and pedestrian movement within the site and in relation to
adjacent streets,property or improvements,with the understanding that
review of such items will be more detailed at the site plan stage.
4.That the plans appear to provide adequate methods of disposal of
sewerage,refuse and other wastes,adequate methods for drainage for
surface water and seasonal flooding,if any,and adequate provision of
water for domestic purposes,with the understanding that review of such
items will be more detailed at the site plan stage.
5.That the plan complies with the Master Plan.
6.That the provisions of § 210-72A and B of this article have been met.
7.That the Town of Hopkinton has not met the statutory goal to provide
10%of its housing stock as affordable housing pursuant to Sections 20
through 23 of Chapter 40B of the Massachusetts General laws.Note:
This criterion was adopted after the project was approved,therefore
this does not apply to this project.
For previous amendments voted by the Board,it was determined that if
proposed changes to the project did not affect or modify these items,then the
criteria continued to be met (or not met, if applicable).
Site Plan Approval Criteria (§210-75.A.(2)(d))
Approval criteria.
1.Before the Planning Board may approve the site plan,it shall determine
each of the following:
a.That the plans provide adequately for convenience and safety of
vehicular and pedestrian movement within the site and in relation to
adjacent streets, property or improvements.
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
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modifications are significant,it shall hold a public hearing in accordance with the
requirements and process of a new site plan submission,as set forth in
§210-75.A.(2).The Board should determine whether the modifications proposed
are considered significant.If so determined,the project will be advertised and
noticed as required.If determined not to be significant,the Board is able to
approve the changes at this hearing.
2.8.Board Actions
●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.
2.9.Other
2.9.1.Proposed Conditions
●Pursuant to Section 210-137 of the Zoning Bylaw,a Town Clerk-certified
version of this Decision of Site Plan Review shall be recorded at the
Middlesex County Registry of Deeds prior to the issuance of a building
permit for the work that is subject to this Decision of Site Plan Review.
●The Director of Municipal Inspections inspects projects under
construction for compliance with the approved Decision of Site Plan
Review.This includes the driveway/roadway and infrastructure
construction shown on the Plan.If the Director of Municipal Inspections
determines at any time before or during construction that a registered
professional engineer or other such outside professional is required to
assist with the inspections of the storm water management system or
any other component of the Site Plan,the Applicant shall be responsible
for the cost of those inspections.
●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.
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●The Applicant shall regularly remove construction trash and debris from
the site in accordance with good construction practice and the
Construction Management Plan.No tree stumps,demolition material,
trash or debris shall be burned or buried on the site.
●All exterior lighting within the Development Project,whether shown on
the approved Site Plan or required by the Massachusetts State Building
Code,shall be shielded,directed downward and not upward or
outward, and shall not spill onto adjacent property.
●All fixed mechanical equipment on the Site shall be screened from view
from the ground.Such screening shall be sufficient in the opinion of the
Director of Municipal Inspections.
●All dumpsters on the Site shall be screened from view from the ground
by a six-foot tall solid fence or other effective means,adequate in the
opinion of the Director of Municipal Inspections.
●In accordance with Section 210-138 of the Zoning Bylaw,the Applicant
shall provide a performance guarantee in the amount of $DOLLARS to
the Town prior to the commencement of construction pursuant to this
Decision.The guarantee shall consist of a deposit of money or
negotiable securities in a form selected by the Planning Board to
guarantee that any unforeseen problems which arise,such as erosion
and sedimentation,the correction of site lighting problems,danlage to
street trees,damage to pavement,and damage to signs,are addressed.
The funds will be held by the Town and returned to the Applicant upon
completion of the project.
●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
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incorporates all of the modifications made during the public hearing
process and any required in this Decision.
●Erosion and sedimentation control measures shall be implemented
during the construction period,in accordance with the approved Site
Plan and the Construction Management Plan.If they are found to be
inadequate, the Applicant shall immediately correct any deficiencies.
●The Planning Board shall receive a sign off confirming that the site
contractor and any major subcontractors have received the
Construction Management Plan prior to the commencement of any site
work.
●Construction may occur only between the hours of 7:00 AM and 7:00
PM Monday through Friday and Saturdays between 8:00 AM and 4:00
PM pursuant to Chapter 141 Article I of the Town of Hopkinton General
Bylaws.
●The Applicant shall submit final as-built plans to the Planning Board
prior to the issuance of a Certificate of Occupancy.
3.0 Deer Ridge Estates /Lincoln St.&Cedar St.Ext.-OSLPD Concept Plan/Special
Permit - Courtney Derderian, CS2K - PB-SPPT-2020-03
3.1.Background
The proposed development is an eight (8)lot OSLPD subdivision with two
roadways proposed,both being cul-de-sacs,off of Cedar Street Extension and
Lincoln Street.One road would be a continuation of Lincoln Street (±2,130 lf)
and the second road would be a new roadway named Deer Ridge Run (±821 lf).
The subject property contains two existing parcels (ID R3-8-0 and ID R3-14-0),
one with frontage on Cedar Street Extension,the other with frontage on Lincoln
Street.The total area of the subject property is ±18.7 acres and the parcels are
generally wooded and undeveloped.The Applicant has stated that there are
wetlands on-site.The entirety of the subject property is zoned Agricultural (A).
The Applicant proposes 9.36 acres of the site to be preserved as open space,
which is approximately 50%of the subject property.The open space would be
owned by the HOA.Per the Applicant’s conventional subdivision plan,they
assert that they would be able to construct nine (9)new lots.The proposal does
not include any shared driveways.A 16-foot fireland is proposed to connect the
two cul-de-sacs. Each lot is proposed to have its own septic system.
3.2.Regulatory Review
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OSLPDs are regulated under Article XVII of the Zoning Bylaws.The Bylaws allow
for OSLPDs in the Agricultural Zoning District.The proposed project conforms
with the minimum requirements as set forth in §210-110,namely lot size and
density.It is unclear what the proposed dimensions of each lot in the OSLPD are
as they are not shown on the submitted plan,therefore,conformance to the
required lot dimensions is unable to be confirmed.
3.3.Relevant Materials
●Special Permit Application, dated 07/20/20
●Special Permit Concept Plan, dated 07/22/20
●Conventional Concept Plan, dated 07/06/20
●Traffic Assessment, dated 07/02/20
●Email from S. Priya, dated 07/29/20
●Email from S. Srinivas, dated 08/04/20
●Email from J. Westerling (DPW), dated 08/05/20
●Letter from B. Besso (BoH), dated 08/27/20
●Email from W. Miller (HFD), dated 09/08/20
●Link to shared folder is here: Deer Ridge Estates Files
3.4.Comments Received
Principal Planner Comments:
●Provide dimensions of each lot to confirm conformance with §210-111.
●Lincoln Street is proposed to be longer than 1,000 feet in length,which is
not allowed per §210-111.B.,however,the Board can waive this
requirement if the Board “...finds that such reduction will result in better
design,improved protection of historic,natural and scenic resources,and will
otherwise comply with these regulations…”
●The proposal shows a similar design to Chamberlain-Whalen,with two
cul-de-sacs connected by a fire road.This type of development is not
ideal and a through road,while counterintuitive,may be more beneficial
to the Town, specifically with respect to access for emergency services.
Health Department Comments:
●The proposed project under review is submitted as an Open Space And
Landscape Preservation Development (OSHPD)located between Cedar
Street Extension and the end of Lincoln Street.The land area is 18.71
Acres and is proposing 8 new homes to be accessed by long common
driveways.The Developer also proposes to provide on-site septic systems
and private individual wells for each of the 8 lots.Complete plans for the
septic systems under 310 CMR 15.00 and properly prepared well location
plans must be submitted for future approvals.To date,no applications
for soil testing have been received by this office.
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●The submission does not include soil testing to determine suitability for
septic system construction/design and as such may necessitate lot line
adjustment should suitable soils for septic design be located outside
regulatory offsets.In addition,well locations may shift to meet required
offsets.No information has been provided to determine the offsets to
both private and municipal drinking water wells in the area.No Zone 2 of
public water supplies delineation have been provided which may impact
septic and well location in the development.All of this will be evaluated in
future submission
●No information is provided to address drainage patterns over septic
system locations and this should be fully addressed in future submissions
for septic design.No information is provided to evaluate storm water
recharge methods and,it should be noted,that the Health Department
does not support the creation of open detention basins that lead to
increased insect populations.These concerns will be addressed in future
submissions.
●Given the land area of the proposed development it appears that
nitrogen loading of ten thousand square feet of lot size per bedroom can
be provided.However no Nitrogen Loading calculations for the
development have been provided and no square footage for the
individual lots is provided.
Hopkinton Fire Department Comments:
●Risk Assessment Considerations:
○Name is to close to already existing developments:
■Deerfield Estates - (Off Lumber Street)
■Deer Run at Hopkinton (Fawnridge Road)
■Deer Run (Off of Granite Street)
○Access to the lots are on a dead end road presently longer than 1000
feet. Lincoln Street is approximately 1,670 feet.
■Unsure of length of roadway off Cedar St. Ext.
■§210-111.Intensity regulations of the Zoning Bylaws state:B.
Dead-end streets may be permitted in an open space and
landscape preservation development but shall not exceed
1,000 feet in length.No dead-end street shall provide access to
more than 10 building lots.
○Neither road has hydrants,fire operations would require water supply
lines on the single access road.
○The width of Lincoln Street is less than 20 feet,and in multiple places
less than 15 feet. Examples here:
■Cedar at Lincoln Street - 30’ width
■In front of 2 Lincoln Street - 12’5”
■In front of 8 Lincoln Street - 17’
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■In front of 7 Lincoln Street - 16’
■In front of 12 Lincoln Street - 17’
■In front of 13 Lincoln Street - 14’5”
■In front of 30 Lincoln Street - 10’
■In front of 31 Lincoln Street - 11’5”
■End of Lincoln Street at deadend - 15’
○Distance from a fire station:3 miles with 7 minutes response time to
32 Lincoln Street.
■Although we’re within the ISO recommendation of being within
5 miles,we are not meeting NFPA 1710,a nationally recognized
standard with reference to response time for first apparatus
within 4 minutes or second apparatus within 6 minutes.
●Questions based upon current submittal:
○Emergency access road currently proposed from cul de sac to cul de
sac.
○What type of gates will be there?
○Locking system proposed?
○Who will maintain them and the roadway?
○What will the road surface be constructed of?
○What are the proposed driveway lengths?
○What is the gallonage of the 4 cisterns locations proposed?
■8.6 Fire Prevention and Protection Measures of the Subdivision
Regulations adopted in 2014 speak to cistern requirements
and can be found here.
●Recommendations:
○Change name of development so that it does not coincide with other
already existing developments.
○Residential sprinklers to reduce the potential of needing to establish a
water supply and eliminate the proposed cisterns
○Widen Lincoln Street in the areas where less than 20 feet wide
○Connect the two roads creating one roadway which meets town
requirements
●Closing Comments:
○§210-106.Purpose of an Open Space and Landscape Preservation
Development
■Quote taken from the above reference section,“It is not the
intent of this article to make undevelopable land developable”
○§ 210-112. Development standards.
■(2)The development will provide for and maintain convenient
and safe emergency vehicle access to all buildings and
structures at all times.
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■Example of how one vehicle parked in the roadway significantly
affects access on an already reduced roadway width near the
end of Lincoln Street.
3.5.Public Hearing Outline
1.Project introduction and review - Applicant
2.Staff Report
3.Consultant Review
4.Planning Board members and Public – Add to Detailed Discussion items
5.Detailed Discussion, with Public Comment for each topic
5.1.Vehicular and pedestrian traffic flow;truck traffic flow;
emergency vehicle access
5.2.Stormwater management
5.3.Site lighting
5.4.Utilities; Water/Sewer use
5.5.Snow storage/snow removal
5.6.Noise; HVAC/exhaust systems; Screening of HVAC (if applicable)
5.7.Crosswalk location; Sidewalks
5.8.Landscaping
5.9.Historic Structures (if applicable)
5.10.Signage
5.11.Solar Panels/alternative energy
5.12.Affordable Housing Units (if applicable)
5.13.Impacts on:1)schools;2)other municipal services;3)value of
neighboring residential properties
5.14.Town Department and Board/Committee Comments not
covered above
6.Additional or New Comments and Information
7.Standards/Findings
7.1.Discuss Special Permit findings (if applicable)
7.2.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
3.6.Board Actions
The Board’s vote on the submitted materials will consist of:
●For approval of the OSLPD Special Permit -Decision due 90 days after the
close of the public hearing.A ⅔vote is required to approve the Special
Permit (6 members). All members are eligible to vote.
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3.7.Decision Criteria
Pursuant to §210-115 of the Zoning Bylaws:The application process for an open
space and landscape preservation development is comprised of two steps.In the first
step,the applicant submits a concept plan...which describes the overall development
plan.The Planning Board shall grant or deny a special permit based upon the
information contained in the concept plan.
§210-115.A.(3):Special permit criteria.The special permit shall be granted only if
the Planning Board finds each of the following:
(a)The development meets the purpose of an open space and landscape
preservation development as described in § 210-106.
(b)The development standards contained in §210-112A(1)through (4)have
been met.
(c)The common open space is designed in accordance with the standards set
forth in § 210-113B.
(d)The common open space is designed in accordance with the standards set
forth in § 210-113C.
(e)The parcel could be developed as a conventional subdivision under existing
local, state and federal land use regulations.
(f)The open space and landscape preservation development provides for
efficient use and delivery of municipal and other services and infrastructure.
3.8.Motions
3.8.1.Findings
3.8.1.1.Special Permit
I move that the Board finds that the proposed Open Space and
Landscape Preservation Development conforms to the provisions of
Article XVII;that all applicable criteria and standards set forth in the
Zoning Bylaws (Chapter 210)have been satisfied,and the granting of
the Special Permit will be in harmony with the general purpose and
intent of the Zoning Bylaws (Chapter 210)
3.8.2.Approval/Denials
3.8.2.1.Special Permit
3.8.2.1.1.Approval with conditions
I move that the Board grant a Special Permit under Article
XVII 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.
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3.8.2.1.2.Denial
I move that the Board deny the application for Special
Permit under Article XVII of the Zoning Bylaws,as it does
not meet the following criteria for approval,as set forth in
Article XVII: (list criteria that are not met).
3.9.Other
3.9.1.Requested Waivers
1.§210-223.C.(1)(Zoning Bylaws):To provide a buffer width of less than
100 feet.
2.§8.2.1.C (Subdivision Regs):Allowing for street centerline jogs of less
than 125 feet.
3.9.2.Proposed Conditions
1.A Town Clerk-certified version of this Special Permit shall be recorded at
the Middlesex County Registry of Deeds prior to the issuance of a
building permit for the work that is subject to this Decision.
2.The Director of Municipal Inspections inspects projects under
construction for compliance with the approved Special Permit Decision.
This includes the driveway/roadway and infrastructure construction
shown on the Plan.If the Director of Municipal Inspections determines
at any time before or during construction that a registered professional
engineer or other such outside professional is required to assist with
the inspections of the storm water management system or any other
component of the Special Permit,the Applicant shall be responsible for
the cost of those inspections.
3.All construction activities shall adhere to applicable local,State and
Federal laws and regulations regarding noise,vibration,dust,
sedimentation,and the use of,interference with or blocking of Town
roads.
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.
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5.The Applicant shall regularly remove construction trash and debris from
the site in accordance with good construction practice and the
Construction Management Plan.No tree stumps,demolition material,
trash or debris shall be burned or buried on the site.
6.All exterior lighting within the Development Project,whether shown on
the approved Plan or required by the Massachusetts State Building
Code,shall be shielded,directed downward and not upward or
outward, and shall not spill onto adjacent property.
7.All fixed mechanical equipment on the Site shall be screened from view
from the ground.Such screening shall be sufficient in the opinion of the
Director of Municipal Inspections.
8.A completed,signed Construction Management Plan shall be submitted
to the Planning Board prior to the commencement of any site work.The
Applicant shall also submit a revised full Site Plan Set which
incorporates all of the modifications made during the public hearing
process and any required in this Decision.
9.Erosion and sedimentation control measures shall be implemented
during the construction period,in accordance with the approved Site
Plan and the Construction Management Plan.If they are found to be
inadequate, the Applicant shall immediately correct any deficiencies.
10.The Planning Board shall receive a sign off confirming that the site
contractor and any major subcontractors have received the
Construction Management Plan prior to the commencement of any site
work.
11.Construction may occur only between the hours of 7:00 AM and 7:00
PM Monday through Friday and Saturdays between 8:00 AM and 4:00
PM pursuant to Chapter 141 Article I of the Town of Hopkinton General
Bylaws.
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.
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4.0 114 Pond Street - Scenic Road Application - Brain Gassett - PB-SCRD-2020-01
4.1.Background
The applicant proposes creating a driveway access point which necessitates the
relocation of approximately 22 feet of stone wall,the removal of a 24-inch oak
tree,and the removal of a 21-inch oak tree.The proposal also includes the
removal of a dead oak tree,however,dead trees are not protected as part of the
Scenic Road Bylaw,if the Tree Warden has certified them as dead.The work is
proposed for lot R22-143-0.
4.2.Regulatory Review
Scenic Roads are regulated under Chapter 160 of the Hopkinton General Bylaws.
The Applicant has submitted the application in conformance with the Chapter,
and has provided a plan showing the trees within the right-of-way proposed to
be cut as well as the stone wall location prior to and after the proposed work.
4.3.Relevant Materials
●Scenic Road Application, dated 08/04/20
●Scenic Road Plan, dated 08/04/20
●Email from J. Westerling (DPW), dated 08/05/20
●Email from D. MacAdam, dated 08/14/20
●Link to shared folder is here: 114 Pond Street Scenic Road Files
4.4.Comments Received
Principal Planner Comments:
●Provide photographs prior to and after work is performed.Photographs
prior to work should be provided to the Planning Board before issuance
of a building permit or driveway access permit.
●Provide the dimensions of the relocated stonewalls.
●Are any plantings to offset the cutting of the two trees proposed?
Department of Public Works Comments:
●I met with Mr.Gassett on site yesterday and suggested that he had to
provide information to prove that adequate sight distance exists for the
proposed location.I recommend that the Planning Board require that as
part of the application process -we would not want to remove trees and
a portion of a wall to find later that construction of a driveway is not
feasible.
Conservation Agent Comments:
●I am attaching a copy of an as-built plan for the abutting parcel to the
East,110 Pond Street,that is on file with the Hopkinton Conservation
Commission (HCC).The plan identifies the parcel located across the
street,111 Pond Street,has an intermittent stream channel located close
to the road.The 100 foot buffer zone of the stream extends across the
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street and onto the 110 Pond Street parcel and onto a portion of the 114
Pond Street parcel.
●There is a file (DEP File Number:188-101)on record with the HCC for 111
Pond Street but no electronic copies of any site plans are available at this
time.The paper record will be retrieved from the archives and any site
plans will be digitized for further distribution.
●I do not see any information provided by the applicant that indicates the
proposed activity would occur within or outside the HCC's jurisdiction.It
would be the applicant's responsibility to ensure the proposed activity
would be in accordance with the state and town wetland protection laws.
●The removal of any dead or structurally unsound trees within the Town's
right-of-way may be able to be reviewed under the DPW's town-wide tree
Determination of Applicability.
4.5.Public Hearing Outline
1.Project introduction and review - Applicant
2.Staff Report
3.Consultant Review
4.Planning Board members and Public – Add to Detailed Discussion items
5.Detailed Discussion, with Public Comment for each topic
5.1.Vehicular and pedestrian traffic flow; truck traffic flow;
emergency vehicle access
5.2.Noise; HVAC/exhaust systems; Screening of HVAC (if applicable)
5.3.Crosswalk location; Sidewalks
5.4.Building design and landscaping
5.5.Town Department and Board/Committee Comments not
covered above
6.Additional or New Comments and Information
7.Standards/Findings
7.1.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
4.6.Board Actions
The Board’s vote on the submitted materials will consist of:
●For the Scenic Road Application -Decision is due 21 days after the close
of the public hearing and a simple majority vote is required for approval.
All members are eligible to vote
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4.7.Decision Criteria
The Planning Board’s decision on any application for proposed work affecting
scenic roads shall be based on consideration of the following criteria (§160-6):
●The degree to which the proposed work would adversely affect the scenic
and aesthetic values upon which the scenic road designation was
originally based.
●The necessity for the proposed work in terms of public safety, welfare, or
convenience.
●Compensatory action proposed, such as replacement of trees or walls.
●Availability of reasonable alternatives to the proposed work which could
reduce or eliminate anticipated damage to trees or stone walls.
●Whether the proposed work would compromise or harm other
environmental or historical values.
Consistency of the proposed work with previously adopted Town plans and
policies.
4.8.Motions
4.8.1.Findings
I move that the Board finds that the proposed work relative to the submitted
Scenic Road Permit application conforms to the provisions of Chapter 160 and
that all applicable criteria and standards set forth in Section 160-6 have been
satisfied.
4.8.2.Approval/Denial
4.8.2.1.Approval with Conditions
I move that the Board grant a permit for work within a Scenic Road
under Chapter 160 of the General Bylaws,subject to the following
conditions/conditions that were previously read aloud by the Chair.
4.8.2.2.Denial
I move that the Board deny the application for a Scenic Road Permit
under Chapter 160 of the General Bylaws,as it does not meet the
following criteria for approval,as set forth in Section 160-6:(list
criteria that are not met).
4.9.Other
4.9.1.Requested Waivers
None.
4.9.2.Proposed Conditions
1.The Applicant shall provide photographs of the proposed area of
alteration prior to and after work.These photographs shall be
submitted to the Principal Planner for review and approval.
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5.0 Leonard Street -Petition to Construct Leonard Street -Wall Street Development
Corp
5.1.Background
The petition to construct Leonard Street stems from the advice of the Board to
the Applicant,that an ANR would not be endorsed without the build-out of
Leonard Street to provide adequate access for the proposed lots.Therefore,the
Applicant has submitted this petition as a first step in moving the ANR approval
forward.
5.2.Regulatory Review
Petitions such as this are to be reviewed pursuant to the standards as set forth
in the Subdivision Regulations for roadways.These standards can be found in
Section 8.2 of the Subdivision Regulations and items such as sidewalks and
utilities are found elsewhere in Section 8 of the Regulations.
5.3.Relevant Materials
●Petition to Construct a Private Way, dated 08/11/20
●Three-lot Development Plan (Revised 05/13/20 for ConCom review),dated
08/12/20
●Letter from Hopkinton DPW, dated July 2020
●Memo from Attorney Timson, Way in Existence - dated, 08/04/20
●Rackemann Legal Opinion, dated 1998
●Stormwater Management Report, revised through 03/25/20
●Stormwater O+M Plan, Revised through 05/20/20
●Letter from P. Paradis to D. MacAdam, dated 03/31/20
●Long Term Stormwater Maintenance Plan, Revised through 05/20/20
●Email from J. Westerling (DPW), dated 08/14/20
●Email from D. MacAdam, dated 09/02/20
●Link to shared folder is here: Leonard Street Petition Files
5.4.Comments Received
Department of Public Works Comments:
●The DPW has no jurisdiction over private land;however,I recommend
that the standards for road construction detailed in the Subdivision
Control Law be implemented to the greatest extent practicable.
5.5.Public Hearing Outline
1.Project introduction and review - Applicant
2.Staff Report
3.Consultant Review
4.Planning Board members and Public – Add to Detailed Discussion items
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5.Detailed Discussion, with Public Comment for each topic
5.1.Vehicular and pedestrian traffic flow; truck traffic flow;
emergency vehicle access
5.2.Stormwater management
5.3.Utilities; Water/Sewer use
5.4.Crosswalk location; Sidewalks
5.5.Historic Structures (if applicable)
5.6.Impacts on: 1) schools; 2) other municipal services; 3) value of
neighboring residential properties
5.7.Town Department and Board/Committee Comments not
covered above
6.Additional or New Comments and Information
7.Standards/Findings
7.1.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
5.6.Board Actions
The Board’s vote on the submitted materials consists of the following:
●For the Petition to Construct a Paper Street:A majority vote is
required for approval. All members are eligible to vote.
5.7.Decision Criteria
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.
5.8.Motions
5.8.1.Findings
I move that the Board finds that the proposed Petition to Construct a Private
Road conforms to the Hopkinton Subdivision Regulations to the greatest
extent practicable,with the exception of the following waivers (List the
waivers granted).
5.8.2.Approval/Denial
5.8.2.1.Approval with Conditions
I move that the Board approve the Petition to Construct a Private
Road for the Leonard Street petition with the following
conditions/with the conditions as they were previously read aloud
by the Chair.
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5.8.2.2.Denial
I move that the Board denies the Petition to Construction a Private
Road as the proposed roadway does not meet the Hopkinton
Subdivision Regulations to the greatest extent practicable,
specifically with regard to the following standards and/or
requirements: List relevant standards/requirements.
5.9.Other
5.9.1.Requested Waivers
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
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 -Rura1120'feet
Pavement Width
8.Section 8.2.5.A,B,&C.-Dead End Streets/Turnaround -
Hammer-head Turnaround
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 8.7.2 - Street Lights - No Street Lights
12.Section 9.11 - Bounds - 4" x 4" x 3' Concrete Bounds as Required
13.Section 9.12.4 - Street Trees
14.No Existing Trees to be retained in Right of Way
15.No Shade Trees to be planted within Right of Way
16.All improvements and utilities to be constructed as shown on the
Plan.
17.Above ground electrical service.
5.9.2.Proposed Conditions
1.A Town Clerk-certified version of this Decision shall be recorded at the
Middlesex County Registry of Deeds prior to the issuance of a building
permit for the work that is subject to this Decision.
2.The Director of Municipal Inspections inspects projects under
construction for compliance with the approved 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
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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.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.
7.Erosion and sedimentation control measures shall be implemented
during the construction period,in accordance with the approved Plan
and the Construction Management Plan.If they are found to be
inadequate, the Applicant shall immediately correct any deficiencies.
8.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.
9.Construction may occur only between the hours of 7:00 AM and 7:00
PM Monday through Friday and Saturdays between 8:00 AM and 4:00
PM pursuant to Chapter 141 Article I of the Town of Hopkinton
General Bylaws.
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6.0 Zoning Board of Appeals Notices
●Notices of Decisions (09-14-20 Meeting Administrative Files)
○16 Downey Street
○160 East Main Street
○60 Pine Island Road
●Public Hearing Notices (09-14-20 Meeting Administrative Files)
○25-35 Main Street
○146 Hayden Rowe
7.0 Other
7.1.Growth Study Committee Vacancy Announcement
With the resignation of Amy Ritterbusch from the Planning Board,the seat held
by Ms.Ritterbusch on the Growth Study Committee has become vacant.A
notice was published advertising this vacancy with a deadline of September 25,
2020 for any letters of interest.
8.0 Next Meetings
●September 28
○Bucklin/Leonard Street
○Chester Street Petition to Construct a Private Road
○20 Saddle Hill Scenic Road Permit
○173-207 Fruit Street Scenic Road Permit - MassDOT
●October 19
●November 2
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