HomeMy Public PortalAbout20200810 - Planning Board - Meeting MinutesHopkinton Planning Board
Monday, August 10, 2020 7:00 P.M.
REMOTE MEETING
Minutes
Members Present: Gary Trendel (chair), Robert Benson (vice chair) (7:04 PM), Muriel Kramer,
Deborah Fein-Brug, Jane Moran, Mary Larson-Marlowe, David Paul
Members Absent: Sundar Sivaraman
Present: John Gelcich, Principal Planner; Stephanie Pemberton, administrative assistant
_____________________________________________________________________
Mr. Trendel called the meeting to order at 7:01 PM
Mr. Trendel called the name of each Planning Board member, and each member that was
present responded affirmatively that they were present and could hear him. Mr. Trendel then
called the names of staff members, Mr. Gelcich and Ms. Pemberton, who responded
affirmatively that they were present and could hear.
Mr. Trendel stated that the meeting is being conducted remotely consistent with
Governor Baker’s Executive Order of March 12, 2020, due to the current State of Emergency in
the Commonwealth due to the outbreak of the COVID-19 virus. He noted that in order to
mitigate the transmission of the virus, the Board is complying with the Executive Order that
suspends the requirement of the Open Meeting Law to have all meetings in a publicly accessible
physical location. He stated that the Executive Order allows public bodies to meet entirely
remotely as long as the public body makes provisions through adequate, alternative means to
ensure that interested members of the public are provided reasonable access to the deliberations
of the meeting. He noted that for this meeting the Board is convening by video conference via
Zoom App as posted on the Town’s web meeting calendar and the Board’s agenda identifying
how the public may join. He stated that the meeting may also be broadcast by HCAM. He noted
that the meeting is being recorded and attendees are participating by video conference. Mr.
Trendel stated that all supporting materials that have been provided to the Board are available on
the Town website via the web meeting calendar, unless otherwise noted.
Mr. Benson moved to open the public hearings, Ms. Larson-Marlowe seconded, and the
Board voted unanimously in favor through roll call vote (7-0-0).
1.0 Administrative Items
a.Board Appointments
i. Zoning Advisory Committee
Mr. Trendel moved to appoint Ms. Larson-Marlowe as the Planning Board
representative to the ZAC, Ms. Kramer seconded and the Board voted unanimously in
favor through roll call vote (7-0-0).
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Mr. Trendel moved to appoint Madhu Chandrasekar and Jim Ciriello to the ZAC
for a 2-year term, Ms. Fein-Brug seconded, and the Board voted unanimously in favor
through roll call vote (7-0-0).
ii. Design Review Board
Mr. Gelcich stated the available seats for the Design Review Board, Mr. Trendel went
over the candidates and who he felt would best suit each seat.
Mr. Benson moved to appoint the following candidates to the following roles on the
Design Review Board, Ms. Moran seconded, and the Board voted unanimously in favor through
roll call vote (7-0-0).
Planning Board Chairman designee - Deb Fein-Brug
Fine Art/ landscaping design - Jeff Doherty
Citizen at large - Sue-Ellen Stoddard
Art/Design - Jeanette Thomson
Historic District Commission or designee by Planning Board - Ria McNamara
Alternates - Amy Ritterbusch, Greg Maze
It was briefly discussed to appoint a Planning Board member to the Growth Study
Committee once Ms. Ritterbusch has officially resigned from the position. The Board
also discussed a potential date for a joint meeting with the Select Board to fill the vacant
Planning Board seat. August 18, 2020 is the proposed date, but waiting on confirmation
by the Select Board.
b.Master Plan Implementation/Action Items
Ms. Kramer created a document of Master Plan implementation and action items to be
kept up by the Planning Board administration. She said there needs to be a process of how to ask
for each committee’s goal and fiscal year review. It was discussed by the Board how to prioritize
and update these action items. It was noted to set aside some time at the meeting on September
28, 2020 for updates. The Board appointed liaisons to oversee correspondence for the following
boards and committees:
Select Board & School Committee - Ms. Kramer
OSPC & DPW- Ms. Moran
Planning Board, Zoning Advisory Committee & Land Use - Ms. Larson-Marlowe
Trails - Mr. Paul
Historical Commission & Historic District Commission- Mr. Trendel
Conservation Commission & Parks & Recreation- Mr. Benson
Council on Aging - Ms. Fein-Brug
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c.Zoning Articles for Town Meeting
The following Zoning Articles have previously been voted on; however due to the Town
Meeting date having changed, the Board must re-vote a recommendation for Town Meeting
within six months of the Annual Town Meeting.
i.Amend Article XIX, Nonconforming Lots, Uses and Structures,
Section 210-128, to allow for a waiver issued by the Zoning Enforcement Officer for certain
uses that do not alter the footprint or overall height of a pre-existing nonconforming structure.
Mr. Benson moved to recommend for approval amending Article XIX, Ms. Fein-Brug
seconded, and the Board voted unanimously through roll call vote (7-0-0).
ii.Modify Article XVI, Wireless Telecommunications Facilities, in order
to bring the regulations current with Federal wireless telecommunications regulations.
Mr. Benson moved to recommend for approval modifying Article XVI, Ms. Fein-Brug
seconded, and the Board voted unanimously through roll call vote (7-0-0).
iii.Modify Article XVIII, Supplementary Regulations, Section 210-126,
to remove the requirement that occupants of Accessory Dwelling Units be family "related by
blood, marriage or adoption", to remove the requirement for an interior connection, and to
remove the age-restricted provision.
Mr. Benson moved to recommend for approval modifying Article XVIII, Ms. Fein-Brug
seconded, and the Board voted unanimously through roll call vote (7-0-0).
iv.Modify Article VIA, Downtown Business (BD) District, Section
210-20.3, to remove "car washes" as a use allowed by Special Permit.
Mr. Benson moved to recommend for approval modifying Article VIA, Ms. Fein-Brug
seconded, and the Board voted unanimously through roll call vote (7-0-0).
v.Amend Article VIIIA, Industrial B (IB) District, Section 210-37.9, to
correct the numbering so as to be consistent with the rest of the Zoning Bylaw.
Mr. Benson moved to recommend for approval amending Article VIIIA, Ms. Fein-Brug
seconded, and the Board voted unanimously through roll call vote (7-0-0).
2.0 Approval Not Required - Leonard Street - Wall Street Development Corp.
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Mr. Gelcich noted that access would be from Leonard Street as opposed to creating
Bucklin Street. If Mr. Petrozzi and his company decided to move forward and develop parcels
from Leonard St. would potentially require ANR instead of Subdivision approval and he would
then withdraw Bucklin Street. They have received approval from the Conservation Commission
of the plan showing 3 lots with access drives from Leonard Street. The ANR endorsement is the
last step, which if endorsed, then Mr. Petrozzi would withdraw the application for construction
of Bucklin Street and Stormwater Management permit. Mr. Petrozzi discussed the Order of
Conditions per Conservation Commission. They originally proposed 5 lots, but came to an
agreement of 3 lots. He also commented regarding the drainage issue that created a wetland
situation and stormwater problem. Mr. Petrozzi said they are planning extensive mitigation and
planning a discharge easement per the plan.
They also plan to create a Homeowner’s Association that would be responsible for
maintaining the drainage structures on the property, taking away some responsibility on the
Town in the future. He proposed approximately 250’ of pavement to bring it up to subdivision
standards. Mr. Gelcich went over the scope of an ANR and what is needed in order to be
approved.
Mr. Paul asked if the applicant would work with the DPW to turn over that section of
road to the Town. Mr. Petrozzi noted it would be favorable to have the public way continued.
Mr. Petrozzi was asked by Mr. Gelcich if he could clarify for the Board how he would gain
permission to build the road on private land. He noted he has a private way owning half and
anyone who abuts the private way, can improve the way. He noted that he believes he has the
right to do the improvements proposed.
The letter from Town Counsel was also discussed between the Board and applicant. Mr.
Petrozzi noted they plan to improve the roadway for better access and noted it was up to the
Board to determine if it is suitable. Mr. Trendel noted that the application does not meet two of
three exceptions to the definition of a subdivision and likely doesn’t meet the third per Town
Counsel. It was suggested by Town Counsel, subject to the Planning Board determination of the
third exception, to submit a petition for roadway approval as previously done for Bucklin Street
when contemplating construction on the north side of the parcel.
Mr. Trendel asked Mr. Petrozzi which provision they are seeking endorsement through.
Mr. Petrozzi noted his pathway as a way of existence within the subdivision control became
effective in the city/town where it lies. It was asked to the applicant why he chose an ANR as
opposed to a Subdivision plan. He noted that an ANR is a simpler process with a quicker
timeline for endorsement.
The Board agreed with the letter from Town Counsel that there is a way in existence. The
Board discussed that the current condition of the road is what is to be evaluated to endorse the
ANR. As the road stands, the Board does not feel they should endorse the ANR. They agreed
with Town Counsel to apply for a petition to construct a private road and once the road is
improved then submit an ANR.
Michael Hildreth, 19 Leonard Street, noted the area shown as private way, he believes is
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his driveway. There is a right of way easement for Mr. Tom Terry to access his land. He asked
how someone can make improvements to land he’s paying taxes on. Mr. Trendel noted that the
way of access existed before subdivision bylaws came into effect. Mr. Gelcich clarified that there
are areas in town where property owners may only have access through ways in existence on
private property. Mr. Benson noted he would suggest getting some legal clarification before
moving forward.
Mr. Petrozzi requested that the Board allow him to withdraw the ANR application
without prejudice.
Mr. Benson moved to allow the withdrawal of the ANR application without prejudice,
Ms. Larson-Marlowe seconded, and the Board voted unanimously through roll call vote (7-0-0).
3.0 Bucklin St. & Leonard St. – 1) Stormwater Management Permit; 2) Petition to
Construct a Paper Street – Wall Street Development Corp.
It was noted the applicant has requested a continuation to September 28, 2020.
Mr. Benson moved to continue the pubic hearing to September 28, 2020, decision date
October 6th Ms. Larson-Marlowe seconded, and the Board voted unanimously in favor through
roll call vote (5-0-0). Ms. Moran and Mr. Benson were ineligible to vote on this hearing.
Mr. Trendel asked the Board if anyone would be willing to chair the upcoming Deer Run
hearing on September 14, 2020, Mr. Benson stated he will chair the hearing.
Mr. Benson moved to adjourn the meeting, Ms. Larson-Marlowe seconded, and the
Board voted unanimously in favor through roll call vote (7-0-0).
Adjourned: 9:33 PM
Submitted by: Stephanie Pemberton
Approved: September 28, 2020
Documents used at the meeting:
●Agenda and Meeting Materials for Planning Board meeting, August 10, 2020
●ANR application Leonard Street, 08/06/20
●ANR plan, Leonard Street, 08/07/20
●Board applicants - ZAC and DRB, 08/06/20
●DRB applicants, 08/10/20
●Letter from Town Counsel, Leonard Street ANR, 08/07/20
●Master Plan Work Outline, 08/05/20
●ZAC applicants, 08/10/20
The files may be found online in the public shared folder on Google Drive
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