HomeMy Public PortalAbout20201221 - Planning Board - AgendaHOPKINTON PLANNING BOARD
Monday, December 21, 2020 7:00 P.M.
REMOTE MEETING
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Meeting ID: 832 9102 0066
Passcode: 342690
Call-in Phone Number: (646) 876-9923
AGENDA
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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.
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**Times showing the anticipated length of discussion for each item below are approximate**
1.Administrative Items (±30 min)
a.Wilson Street Solar Decommissioning Bond Estimate
b.Hopkinton Highlands III Bond Release
c.Minutes of November 30, 2020
2.Continued Public Hearing - Deer Ridge Estates / Lincoln St. & Cedar St. Ext. - OSLPD
Concept Plan/Special Permit - Courtney Derderian, CS2K (±60 min)
Proposed Open Space and Landscape Preservation subdivision with eight (8) new building lots,
two (2) cul-de-sacs.
3.Continued Public Hearing - Major Site Plan Review - 0 South St. - REC Hopkinton LLC
(±30 min)
Major Project Site Plan Review for construction of a commercial building and associated parking.
4.New Public Hearing - Minor Site Plan Review - 146 East Main St. (Plankton Energy) - Solar
Project (±30 min)
Accessory solar use to be located on the rear parking lot of the First Congregational Church
5.Continued Public Hearing - OSLPD Special Permit - 0 Hayden Rowe - Ravenwood LLC
(±30 min)
Proposed Open Space and Landscape Preservation subdivision with nine (9) new building lots
and one new road (cul-de-sac).
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: December 16, 2020
TO: Planning Board
FROM: John Gelcich, Principal Planner
RE: Items on Planning Board Agenda, December 21, 2020
Link to Join: https://us02web.zoom.us/j/83291020066
Meeting ID: 832 9102 0066
Passcode: 342690
Call-in Phone Number: (646) 876-9923
Zoom Details:To access the meeting click the link above.If you have technical issues with accessing the
meeting,send an email to jgelcich@hopkintonma.gov.Your microphone will be muted upon entry and can only
be unmuted by the Host.If you have a question or comment,use the “Raise Hand”function.The Chat function
will only allow communication between you and the Host and should only be used to communicate technical
issues.All other questions or comments should be directed to the Planning Board through the “Raise Hand”
function. Telephone-only participants can use the “Raise Hand” function by pressing *9.
For additional information and Zoom support, visit the general support page:
https://support.zoom.us/hc/en-us
Contents: 1.Administrative Items (Files online at: 12-21-20 Meeting Administrative Files)
1.1.Wilson Street Solar Decommissioning Bond Estimate
1.2.Hopkinton Highlands III Bond Release
1.3.Minutes of November 30, 2020
2.Deer Ridge Estates /Lincoln St.&Cedar St.Ext.-OSLPD Concept Plan/Special Permit
- Courtney Derderian, CS2K (Files online at: Deer Ridge Estates Files)
3.146 East Main Street -Minor Site Plan Review -Accessory Solar -Plankton Energy, LLC (Files online at: 146 East Main Street Files)
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4.0 South St.-Major Site Plan Review -REC Hopkinton LLC (Files online at:South
Street #0 Site Plan Files)
5.Zoning Board of Appeals Notices (Files online at:12-21-20 Meeting Administrative
Files)
6.Next Meetings
1.0 Administrative Items
Files for Administrative items can be found online at:12-21-20 Meeting Administrative
Files
1.1.Wilson Street Solar Bond Decommissioning Estimate
Pursuant to the conditions of approval for the Wilson Street solar project
(approved in 2019),the Applicant has submitted a bond estimate for the
decommissioning of the project.The Applicant (Grasshopper Energy)has
estimated that the effective life of this project is 20-25 years.The
decommissioning includes the removal of the solar modules/panels,racking,
foundations,equipment,structures,and other associated items;the disposal of
all solid and/or hazardous materials;and the restoration of the site to it’s natural
conditions.The Applicant has estimated this cost to be $79,000.With a 2%
inflation rate for 20 years,the total estimated bond amount is $117,400.The
materials for this discussion item are in the administrative items folder located
here: 12-21-20 Meeting Administrative Files.
1.2.Hopkinton Highlands III Bond Release
The Developer of Hopkinton Highlands III (Trevor Lane)has requested the bond
be released for this project,as it has been constructed.BETA has provided their
review of the as-built plans,which includes items that require addressing by the
Developer.Additionally,BETA has recommendations for changes to the as-built
plans to conform to the Hopkinton Subdivision Regulations.The materials for
this discussion item are in the administrative items folder located here:12-21-20
Meeting Administrative Files.
1.3.Minutes of November 30, 2020
2.0 Deer Ridge Estates /Lincoln St.&Cedar St.Ext.-OSLPD Concept Plan/Special
Permit - Courtney Derderian, CS2K - PB-SPPT-2020-03
2.1.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
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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 firelane is proposed to connect the
two cul-de-sacs. Each lot is proposed to have its own septic system.
2.2.Public Hearing Outline
1.Project introduction and review - Applicant
2.Staff Report
3.Consultant Review
4.Site Walk (10/03/20 @9:00AM)
5.Review of Decision Criteria
6.Detailed Discussion of Decision Criteria
The special permit shall be granted only if the Planning Board finds each
of the following:
6.1.The development meets the purpose of an open space and
landscape preservation development as described in § 210-106.
6.2.The development standards contained in §210-112A(1)through
(4) have been met.
6.2.1.Vehicular and pedestrian traffic flow;truck traffic
flow; emergency vehicle access
6.2.2.Snow storage/snow removal
6.2.3.Emergency Access
6.2.4.Open Space Preservation/Conservation Restriction
6.2.5.Historic features and resources
6.3.The common open space is designed in accordance with the
standards set forth in § 210-113B.
6.3.1.Stormwater management
6.4.The common open space is designed in accordance with the
standards set forth in § 210-113C.
6.4.1.Buffer Areas
6.4.2.Landscaping
6.5.The parcel could be developed as a conventional subdivision
under existing local, state and federal land use regulations.
6.6.The open space and landscape preservation development
provides for efficient use and delivery of municipal and other
services and infrastructure.
6.6.1.Utilities; Water/Sewer use
6.7.Other Comments
7.Discuss/Vote on waivers
7.1.Waiver for Buffer Area was denied, board can reconsider
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8.Discuss conditions of approval
9.Standards/Findings
9.1.Review Decision Criteria
9.2.Discuss Special Permit findings
10.Final public comment
11.Vote to close public hearing
12.Vote on Permits being requested
12.1.Vote on Approval of Permit
12.1.1.Vote on Findings
12.1.2.Vote on Conditions
2.3.Regulatory Review
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.Each lot appears to meet the minimum lot size as required in this
section,however,a zoning conformance table would be beneficial to confirm the
dimensions of each lot (frontage, etc.).
2.4.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.
The open space and landscape preservation development provides for efficient
use and delivery of municipal and other services and infrastructure.
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2.5.Conformance with Decision Criteria
§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.
●Principal Planner Comment:The proposed development is an
alternative to the conventional-style subdivision,provides for the
public interest by preserving open space in perpetuity,promotes a
variety of single-family housing patterns by being designed so as
to accommodate the site’s physical characteristics.The proposed
development does not propose development of otherwise
undevelopable land.Therefore,it appears that the application
meets this criterion.
(b)The development standards contained in §210-112A(1)through (4)have
been met.
●Principal Planner Comment:Regarding Item (1),it appears that
the proposed development will not cause unreasonable traffic
congestion or unsafe conditions within or outside the
development.Regarding Item (2),it is unclear as to whether the
development will provide for convenient and safe emergency
vehicle access to all buildings and structures at all times as the Fire
Department has brought concerns forward related to access to
the development as proposed.Regarding Item (3),it appears that
the proposed development will preserve historic and natural
features of the property by minimizing the amount of soil removal,
tree cutting,and general disturbance to the site.Regarding Item
(4),the proposed development appears to identify/ensure
preservation of significant and special historic/natural features.
No historic features have been identified on the site.
(c)The common open space is designed in accordance with the standards
set forth in § 210-113B.
●Principal Planner Comment:The proposed open space appears
to conform to the standards set forth in the above-reference
section.
(d)The common open space is designed in accordance with the standards
set forth in § 210-113C.
●Principal Planner Comment:A waiver for the buffer width has
been requested by the Applicant.
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(e)The parcel could be developed as a conventional subdivision under
existing local, state and federal land use regulations.
●Principal Planner Comment:The Applicant has submitted a plan
showing the site developed conventionally,and therefore it
appears that this criterion is met.
The open space and landscape preservation development provides for efficient
use and delivery of municipal and other services and infrastructure.
2.6.Relevant Materials Received
●BETA Review Letter, dated 09/10/20
●Email from X. Dong, dated 10/04/20
●Email from D. Jackson, dated 10/04/20
●Email from M. Marr, dated 10/05/20
●Email from K. Moxham, dated 10/07/20
●Email from S. Labrecque, dated 10/06/20
●Email from M. Myers, dated 10/07/20
●Revised Traditional Lotting Plan, dated 10/13/20
●Revised Open Space Layout Plan, dated 10/13/20
●Deer Ridge Concept Plan A, dated 10/28/20
●Deer Ridge Concept Plan B, dated 10/28/20
●Email from S. Srinivas, dated 11/11/20
●Letter from ZEO re: Lincoln Street Length, dated 11/12/20
●Revised Concept C Plan, dated 11/12/20
●Email from I. Pappas, dated 11/17/20
●Revised Concept Plan, dated 12/16/20
●Revised Conventional Plan. dated 12/16/20
●Link to shared folder is here: Deer Ridge Estates Files
2.7.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 Applicant has not officially
requested a waiver from this requirement.The Zoning Enforcement
Officer has made the determination that the 1,000-foot maximum only
applies to the portion of the road within the OSLPD proposal.Therefore,
as long as the proposed new road off of Cedar Street Extension and/or
the EXTENSION portion of Lincoln Street are less than 1,000 feet,no
waiver or Variance is required.
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●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.
●It should be noted that this decision before the Board is only for the
Special Permit which establishes the concept plan.The Board will have a
chance to review and discuss the Definitive Subdivision Plan after the
issuance of the Special Permit.Items required as part of the Subdivision
Regulations will be reviewed at that time.
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.
●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:
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●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’
■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?
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■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.
■Example of how one vehicle parked in the roadway significantly
affects access on an already reduced roadway width near the
end of Lincoln Street.
2.8.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).Muriel Kramer has recused herself from this
hearing. All other members are eligible to vote.
●It should be noted that this decision is solely for the Special Permit for an
OSLPD,based on the Decision Criteria listed above in Section 4.3 of this
memo.If approved,the Applicant is required to follow up with a
Definitive Subdivision Plan which will be reviewed under the Subdivision
Regulations.At that time,the overall concept plan (the OSLPD Special
Permit Plan)shall only be reconsidered if there is a substantial variation
between the definitive plan and the concept plan.Section 210-115.B.(1)
lists “substantial variation”as “an increase in the number of lots,a decrease
in the open space acreage,a change in the layout which causes dwelling units
or roadways to be placed closer to a dwelling unit within 500 feet of the
project and/or a change in the development pattern which adversely affects
natural landscape features and open space.”I advise the Board to review
the Special Permit based only on the Decision Criteria detailed above,and
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review the Definitive Subdivision Plan,if the Special Permit is approved,
based on Subdivision Regulations at the appropriate time.
2.9.Motions
2.9.1.Findings
2.9.1.1.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).
Note,if any intensity regulations are reduced,the Board
should also find the following:Additionally,that the Board finds
that the following intensity regulations are reduced as allowed in
Section 210-111,LIST REDUCED REGULATIONS,as this reduction will
result in better design and/or improved protection for natural
resources on-site.
2.9.2.Approval/Denials
2.9.2.1.Special Permit
2.9.2.1.1.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.
2.9.2.1.2.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).
2.10.Other
2.10.1.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.NOTE:This will not be necessary for this step,as it will be
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addressed in the definitive subdivision review as long as the Special
Permit is approved.
2.10.2.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.
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.
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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.The Applicant/Developer shall provide the Principal Planner with a
project point-of-contact and contact information prior to the issuance of
a Building Permit.This point-of-contact information shall be kept
current through correspondence to the Principal Planner until the final
Certificate of Occupancy is issued or construction is otherwise
considered complete.
15.The Applicant shall install a gate/barrier between the two cul-de-sacs,
on the access road,that is determined to be acceptable by the Fire
Chief.
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3.0 #0 South Street -Major Project Site Plan Review -REC Hopkinton LLC -
PB-STPL-2020-05
3.1.Background
The proposed development is located on a ±11.7-acre site located wholly within
the Industrial A (IA)district.The proposal is for a one-story commercial building,
approximately 32,400 square feet of Gross Floor Area (GFA),and the
construction of an associated 106-space parking lot,and nine (9)loading bays.
The proposed development will have connection to Town water and sewer.The
building,when fully occupied,is anticipated to house approximately 28
employees.
3.2.Public Hearing Outline
1.Project introduction and review - Applicant
2.Staff Report
2.1.Review of Decision Criteria
3.Consultant Review
4.Site Walk (12/19/20 @ 9:30 AM)
5.Detailed Discussion on Decision Criteria
5.1.Conformance with Site Plan Standards
5.2.Other Comments
6.Discuss/Vote on waivers
7.Standards/Findings
7.1.Review Decision Criteria
7.2.Discuss Site Plan standards and plan revisions to be made
7.3.Discuss proposed findings
8.Discuss conditions of approval
9.Final public comment
10.Vote to close public hearing
11.Vote on Permits being requested
11.1.Vote on Approval of Permit
11.1.1.Vote on Findings
11.1.2.Vote on Conditions
3.3.Regulatory Review
The proposed development qualifies as a Major Project Site Plan as it proposes
the construction of more than 5,000 square feet of GFA and that is proposes the
construction of a parking area of more than 25 spaces.The following table
shows conformance to the zoning dimensional requirements:
Standard Req. Provided
Minimum Lot Frontage:200 ±931 feet
Minimum Lot Area:60,000 sf ±514,000 sf
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Minimum Lot Coverage:40%±22%
Maximum GFA:50% (±257,000 sf)±6% (32,400 sf)
Minimum Front Setback*: 60 feet ±283 feet
Minimum Side Yard:30 feet ±179 feet
Minimum Rear Yard:40 feet ±104 feet
*The requirement is specifically for “Minimum setback from a property line abutting a street”
which in this case is for the front yard.
The required parking for the use (General office,medical and dental office,
research and development and industrial uses)is spaces per 1,000 sf of GFA
(Section 210-124.B.(1)).This would require a minimum of 98 parking spaces,
with 106 parking spaces proposed.
Note:The Applicant has requested waivers from landscaping requirements set
forth in Section 210-124 as detailed below:
●Section 210-124 (E)(2):Parking lots shall contain around the perimeter
and in the interior at least one tree per eight parking spaces.
WITHDRAWN
●Section 210-124 (E)(3):Trees shall be planted around the entire
perimeter of the parking lot where appropriate,such as adjacent to
abutting property and streets. WITHDRAWN
●Section 210-124(E)(5):At least 10%of the interior of any parking lot
having 25 or more spaces shall be maintained with landscaping,
including trees, in planting areas of at least four feet in width.
○Applicant needs to provide a calculation showing that the
project now conforms to this requirement.
If it is found that the Applicant does not conform to these requirements,
the Applicant will need to petition the ZBA for a Variance for these
requirements or otherwise comply with the requirements.
3.4.Decision Criteria
The Planning Board shall issue a “Decision of Site Plan Review”in one of the
following forms:
A.A written approval of the application subject to any reasonable conditions,
modifications and restrictions relating to the Site Plan Standards contained in
Section 210-136.1; or
B.Disapproval of the application if the Applicant fails to furnish the information,
materials or fees required in this Article or by the Submission Requirements
and Procedures adopted by the Planning Board,or if the application and site
14
plan present a problem so intractable so as to admit of no reasonable
solution.
The Planning Board should review the application for Site Plan Approval with regard
to conformance of Site Plan Standards.If all standards are met,it is to be assumed
that the Board should grant approval of the Site Plan,with conditions relating to the
Site Plan Standards as applicable.
3.5.Conformance with Decision Criteria
The Site Plan Standards are set forth below:
A.Site disturbance in wetland buffer zones and to slopes in excess of 25%shall
be minimized.
B.Unique natural and historic features shall be preserved whenever feasible,
and the use of §210-117.2,Lots with Historic Structures,shall be considered
as a mechanism to do so, where appropriate.
C.Tree, vegetation and soil removal shall be minimized.
D.The site activities shown on the Site Plan shall be screened from view from
abutting properties in residential use.Methods of screening may include
solid fencing,landscaping or other proposals of the Applicant,subject to
review by the Planning Board.Such screening may be located on or off-site.If
located off-site,written permission of the off-site property owner shall be
provided to the Board.
E.All utilities shall be underground.
F.Exposed storage areas,machinery,service areas,truck loading areas,utility
buildings and structures and other similar uses shall be visually screened
from abutting properties and those using public ways.Screening methods
may consist of solid fencing,landscaping or similar proposals submitted by
the Applicant, subject to review by the Planning Board.
G.The site plan shall show measures to reduce and abate noise and odors
generated from the site that will impact surrounding properties.
H.The site plan shall comply with all zoning requirements.
I.The site plan shall maximize the convenience and safety of vehicular and
pedestrian movement within the site and to and from adjacent public ways.If
supporting documentation,such as a traffic or parking study,submitted to
the Planning Board indicates that the vehicular and pedestrian traffic
movement depicted on the site plan and proposed in the application will
15
have a significant negative impact or impacts on the site or within the
adjacent ways, such impacts shall be mitigated by the Applicant.
J.Parking areas shall be designed so that they are safe and convenient and do
not detract from the use and enjoyment of proposed structures.Parking
areas shall be designed to facilitate safe pedestrian access to the structures
and other on-site facilities.
K.The site plan shall minimize the number of curb cuts on public ways.
L.Driveways shall be designed to ensure safe sight distances at interior and
exterior intersections and along driveways,in accordance with applicable
AASHTO requirements.
M.Sidewalks shall be provided along the entire frontage of the subject property
along existing public ways.The Planning Board may approve alternative
provisions or waive the requirements of this Standard in situations where
sidewalk construction or use is not feasible or practical.
N.Levels of illumination shall be provided as follows:
(1)No property may have exterior lighting that exceeds the average
illumination level recommended by the Illuminating Engineering
Society of North America for such use as set forth in “Lighting Facilities
for Parking Facilities,”Illuminating Engineering Society,2014 and “The
Lighting Handbook,” 10th Ed., Illuminating Engineering Society, 2011.
(2)For pole mounted lights in parking and driveway areas,the height of
the light source shall not exceed 15 feet,which shall be measured
from the ground at the base of the pole to the bottom of the fixture.
(3)Pedestrian area lighting shall utilize fully shielded fixtures,and the
height of light source shall not exceed 12 feet,measured from the
ground at the base of the pole to the bottom of the fixture.
(4)No exterior lighting may interfere with the safe movement of motor
vehicles on public ways or private ways open to the public.
(5)Mercury vapor lamps shall be prohibited.
(6)Uplighting shall be permitted only when used in one of the following
manners:
(a)To light a primary entrance,when the fixture or lamp is
wall-mounted under an architectural element (e.g.,roofs over
16
walkways,entries or overhanging,nontranslucent eaves)so
that the uplighting is fully captured;
(b)To light local, state or national flags; or
(c)To highlight or illuminate a building facade or landscaping,or
to highlight or illuminate statues or monuments.
(7)Floodlighting shall be permitted only if a fully shielded fixture is
utilized and no lighting will fall onto the property of others.
(8)Safety and security lighting shall use motion sensors,photocells,or
photocells or timers to control duration of nighttime illumination.
(9)Exterior lighting of recreation facilities shall utilize fully shielded
fixtures and,except as authorized by Special Permit or Site Plan
Approval,shall be turned off by 10:00 p.m.or at the conclusion of an
activity begun before 10:00 p.m.;provided,however,that in any event
the exterior lighting shall be turned off by midnight.
(10)Blinking,flashing,moving,revolving and flickering lights,as well as
lighting that changes intensity or color shall be prohibited except for
lighting for public safety or traffic control and lighting required by the
U.S.Federal Aviation Administration for air traffic control and warning
purposes.
(11)Notwithstanding any provisions of this subsection to the contrary,
sidewalks that run along the perimeter of a site and are in a public
right of way or on abutting property may be illuminated,and
illumination may spill onto abutting non-residential property if
requested in writing by the abutting property owner.
Exterior lighting that does not conform to the provisions of this
subsection may be allowed by special permit from the Planning Board
if the Planning Board finds that such exterior lighting will be
consistent with the Purposes of this Article,or that there are other
demonstrable community,health,safety or welfare benefits that will
be served by the exterior lighting.No special permit may be granted
pursuant to this subsection unless the Planning Board determines
that the proposed exterior lighting is appropriate for the size and use
of the property, any buildings thereon, and the neighborhood setting.
O.Adequate access shall be provided to each structure for emergency vehicles
and personnel.
17
P.The site plan shall conform to applicable Massachusetts Department of
Environmental Protection Stormwater Management Regulations.The site
plan shall show adequate measures to prevent pollution of surface water
and groundwater,to minimize erosion and sedimentation and to prevent
changes in the potential for flooding.Stormwater management facilities shall
be designed so that neighboring properties,public ways and public storm
drainage systems will not be adversely impacted.
Q.Mechanical equipment or other utility hardware on the roof,grounds or
buildings shall be screened from view from the ground.
R.All dumpsters shall be screened from public view.
3.6.Relevant Materials
●Site Plan Application, dated 11/02/20
●Site Plan Cover Letter, dated 11/02/20
●Drainage Report, dated 09/21/20
●Site Plan, dated 09/09/20
●Preliminary Elevation Drawings, dated 06/12/20
●Construction Management Plan, dated 11/05/20
●BETA Review Letter, dated 11/24/20
●Design Review Board Recommendation, dated 11/19/20
●Link to shared folder is here: South Street #0 Site Plan Files
3.7.Comments Received
Principal Planner Comments:
●As noted above,the waivers requested from Section 210-124 for
landscaping are not requirements that can be waived by the Planning
Board,as they are Zoning Bylaw requirements and the Planning Board is
not explicitly authorized to waive these requirements.As such,the
Applicant will need to either revise the plans to conform to these
requirements or petition the ZBA for a Variance related to these
requirements.The Applicant has withdrawn the waiver requests,
however,they need to provide a calculation showing they conform to the
requirements of Section 210-124(E)(5).
●The Applicant has inconsistencies in their dimensional calculations,
sometimes using the site area as 11.7 acres and other times as 10.8
acres.While this does not change the conformance to the Zoning Bylaws,
it does provide incorrect information on the plans and should be revised.
Examples of this are in the calculation for max GFA and minimum lot
area.According to the Hopkinton GIS database,the lot is listed as 11.8
acres.
18
Design Review Board Comments:
The DRB recommended the application be approved as presented before them
on November 17, 2020 with the following comments:
●Signage is to be reviewed by the Design Review Board when the tenants
have been identified;
●There should be evergreen plantings at the rear of the site between the
parking area nad I-495 to provide screening, and
●The Design Review Board requests that the Applicant return to the DRB to
review the building facade once the colors and other details are known.
3.8.Board Actions
The Board’s vote on the submitted materials will consist of:
●For approval of the Major Project Site Plan Review -Decision due 90 days
after the close of the public hearing.A majority vote is required to
approve the Site Plan. All members are eligible to vote.
3.9.Motions
3.9.1.Findings
3.9.1.1.Site Plan
I move that the Board finds that the proposed development conforms
to the Site Plan Standards and provisions of Article XX;and that all
applicable criteria and standards set forth in the Zoning Bylaws
(Chapter 210) have been satisfied.
3.9.2.Approval/Denials
3.9.2.1.Site Plan
3.9.2.1.1.Approval with conditions
I move that the Board grant approval of the Site Plan under
Article XX of the Zoning Bylaws,granting the following waivers
(insert waivers that have been granted),and subject to the
following conditions/conditions that were previously read
aloud by the Chair.
3.9.2.1.2.Denial
I move that the Board deny the application for Site Plan under
Article XX of the Zoning Bylaws,as it does not meet the
following Site Plan Standards or other criteria for approval,as
set forth in Article XX: (list criteria that are not met).
19
3.10.Other
3.10.1.Requested Waivers
●Section 210-136.1.M.: Sidewalks
○The Applicant has requested a waiver for provision of
sidewalks along the frontage of the lot.The standard is:
Sidewalks shall be provided along the entire frontage of the subject
property along existing public ways.The Planning Board may
approve alternative provisions or waive the requirements of this
Standard in situations where sidewalk construction or use is not
feasible or practical.The Planning Board is authorized to grant
this waiver should the Board determine a waiver to be
appropriate.
●Section 210-124 (E)(2):Parking lots shall contain around the perimeter
and in the interior at least one tree per eight parking spaces.
○The Planning Board is not authorized to grant this waiver.
The Applicant will need to redesign the plan to conform with
these requirements or petition the ZBA for a Variance.
WITHDRAWN
●Section 210-124 (E)(3):Trees shall be planted around the entire
perimeter of the parking lot where appropriate,such as adjacent to
abutting property and streets.
○The Planning Board is not authorized to grant this waiver.
The Applicant will need to redesign the plan to conform with
these requirements or petition the ZBA for a Variance.
WITHDRAWN
●Section 210-124(E)(5):At least 10%of the interior of any parking lot
having 25 or more spaces shall be maintained with landscaping,
including trees, in planting areas of at least four feet in width.
○The Planning Board is not authorized to grant this waiver.
The Applicant will need to redesign the plan to conform with
these requirements or petition the ZBA for a Variance.
○Applicant needs to prove conformance with this requirement.
3.10.2.Proposed Conditions
1.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
20
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.
2.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.
3.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.
4.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.
5.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.
6.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.
7.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.
8.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
21
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.
9.If construction has not commenced within three (3)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.
10.A 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.
11.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.
12.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.
13.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.
14.The Applicant shall submit final as-built plans to the Planning Board
prior to the issuance of a Certificate of Occupancy.
15.The Applicant/Developer shall provide the Principal Planner with a
project point-of-contact and contact information prior to the issuance
of a Building Permit.This point-of-contact information shall be kept
current through correspondence to the Principal Planner until the
final Certificate of Occupancy is issued or construction is otherwise
considered complete.
16.The Applicant shall provide an easement for the parking area that
encroaches on the property to the north of the subject site.Proof of
22
this easement shall be provided to the Planning Board prior to
issuance of a building permit.
17.The Applicant shall provide an as-built plan that shows the material
and size of all utility services.
4.0 146 East Main Street -Minor Project Site Plan Review -Plankton Energy LLC -
PB-STPL-2020-06
4.1.Background
The proposed development is the installation of an accessory solar array to be
located on the rear parking lot of the existing First Congregational Church of
Hopkinton.The proposed six (6)solar canopies will continue to allow parking for
cars beneath the array.
4.2.Public Hearing Outline
1.Project introduction and review - Applicant
2.Staff Report
2.1.Review of Decision Criteria
3.Site Walk (If necessary)
4.Detailed Discussion on Decision Criteria
4.1.Conformance with Site Plan Standards
4.2.Other Comments
5.Discuss/Vote on waivers
6.Standards/Findings
6.1.Review Decision Criteria
6.2.Discuss Site Plan standards and plan revisions to be made
6.3.Discuss proposed findings
7.Discuss conditions of approval
8.Final public comment
9.Vote to close public hearing
10.Vote on Permits being requested
10.1.Vote on Approval of Permit
10.1.1.Vote on Findings
10.1.2.Vote on Conditions
4.3.Regulatory Review
The proposed development qualifies as a Minor Project Site Plan as it proposes
installation of mechanical equipment that will be substantially visible from a
public or private street or public place,requiring a building permit as well as the
alteration of a parking area containing more than five (5) parking spaces.
23
The proposed solar canopies will require approval from the Conservation
Commission and are not anticipated to reduce the number of parking spaces
currently on-site.
4.4.Decision Criteria
The Planning Board shall issue a “Decision of Site Plan Review”in one of the
following forms:
A.A written approval of the application subject to any reasonable conditions,
modifications and restrictions relating to the Site Plan Standards contained in
Section 210-136.1; or
B.Disapproval of the application if the Applicant fails to furnish the information,
materials or fees required in this Article or by the Submission Requirements
and Procedures adopted by the Planning Board,or if the application and site
plan present a problem so intractable so as to admit of no reasonable
solution.
The Planning Board should review the application for Site Plan Approval with regard
to conformance of Site Plan Standards.If all standards are met,it is to be assumed
that the Board should grant approval of the Site Plan,with conditions relating to the
Site Plan Standards as applicable.
4.5.Conformance with Decision Criteria
The Site Plan Standards are set forth below:
A.Site disturbance in wetland buffer zones and to slopes in excess of 25%shall
be minimized.
B.Unique natural and historic features shall be preserved whenever feasible,
and the use of §210-117.2,Lots with Historic Structures,shall be considered
as a mechanism to do so, where appropriate.
C.Tree, vegetation and soil removal shall be minimized.
D.The site activities shown on the Site Plan shall be screened from view from
abutting properties in residential use.Methods of screening may include
solid fencing,landscaping or other proposals of the Applicant,subject to
review by the Planning Board.Such screening may be located on or off-site.If
located off-site,written permission of the off-site property owner shall be
provided to the Board.
E.All utilities shall be underground.
24
F.Exposed storage areas,machinery,service areas,truck loading areas,utility
buildings and structures and other similar uses shall be visually screened
from abutting properties and those using public ways.Screening methods
may consist of solid fencing,landscaping or similar proposals submitted by
the Applicant, subject to review by the Planning Board.
G.The site plan shall show measures to reduce and abate noise and odors
generated from the site that will impact surrounding properties.
H.The site plan shall comply with all zoning requirements.
I.The site plan shall maximize the convenience and safety of vehicular and
pedestrian movement within the site and to and from adjacent public ways.If
supporting documentation,such as a traffic or parking study,submitted to
the Planning Board indicates that the vehicular and pedestrian traffic
movement depicted on the site plan and proposed in the application will
have a significant negative impact or impacts on the site or within the
adjacent ways, such impacts shall be mitigated by the Applicant.
J.Parking areas shall be designed so that they are safe and convenient and do
not detract from the use and enjoyment of proposed structures.Parking
areas shall be designed to facilitate safe pedestrian access to the structures
and other on-site facilities.
K.The site plan shall minimize the number of curb cuts on public ways.
L.Driveways shall be designed to ensure safe sight distances at interior and
exterior intersections and along driveways,in accordance with applicable
AASHTO requirements.
M.Sidewalks shall be provided along the entire frontage of the subject property
along existing public ways.The Planning Board may approve alternative
provisions or waive the requirements of this Standard in situations where
sidewalk construction or use is not feasible or practical.
N.Levels of illumination shall be provided as follows:
(1)No property may have exterior lighting that exceeds the average
illumination level recommended by the Illuminating Engineering
Society of North America for such use as set forth in “Lighting Facilities
for Parking Facilities,”Illuminating Engineering Society,2014 and “The
Lighting Handbook,” 10th Ed., Illuminating Engineering Society, 2011.
25
(2)For pole mounted lights in parking and driveway areas,the height of
the light source shall not exceed 15 feet,which shall be measured
from the ground at the base of the pole to the bottom of the fixture.
(3)Pedestrian area lighting shall utilize fully shielded fixtures,and the
height of light source shall not exceed 12 feet,measured from the
ground at the base of the pole to the bottom of the fixture.
(4)No exterior lighting may interfere with the safe movement of motor
vehicles on public ways or private ways open to the public.
(5)Mercury vapor lamps shall be prohibited.
(6)Uplighting shall be permitted only when used in one of the following
manners:
(a)To light a primary entrance,when the fixture or lamp is
wall-mounted under an architectural element (e.g.,roofs over
walkways,entries or overhanging,nontranslucent eaves)so
that the uplighting is fully captured;
(b)To light local, state or national flags; or
(c)To highlight or illuminate a building facade or landscaping,or
to highlight or illuminate statues or monuments.
(7)Floodlighting shall be permitted only if a fully shielded fixture is
utilized and no lighting will fall onto the property of others.
(8)Safety and security lighting shall use motion sensors,photocells,or
photocells or timers to control duration of nighttime illumination.
(9)Exterior lighting of recreation facilities shall utilize fully shielded
fixtures and,except as authorized by Special Permit or Site Plan
Approval,shall be turned off by 10:00 p.m.or at the conclusion of an
activity begun before 10:00 p.m.;provided,however,that in any event
the exterior lighting shall be turned off by midnight.
(10)Blinking,flashing,moving,revolving and flickering lights,as well as
lighting that changes intensity or color shall be prohibited except for
lighting for public safety or traffic control and lighting required by the
U.S.Federal Aviation Administration for air traffic control and warning
purposes.
(11)Notwithstanding any provisions of this subsection to the contrary,
sidewalks that run along the perimeter of a site and are in a public
26
right of way or on abutting property may be illuminated,and
illumination may spill onto abutting non-residential property if
requested in writing by the abutting property owner.
Exterior lighting that does not conform to the provisions of this
subsection may be allowed by special permit from the Planning Board
if the Planning Board finds that such exterior lighting will be
consistent with the Purposes of this Article,or that there are other
demonstrable community,health,safety or welfare benefits that will
be served by the exterior lighting.No special permit may be granted
pursuant to this subsection unless the Planning Board determines
that the proposed exterior lighting is appropriate for the size and use
of the property, any buildings thereon, and the neighborhood setting.
O.Adequate access shall be provided to each structure for emergency vehicles
and personnel.
P.The site plan shall conform to applicable Massachusetts Department of
Environmental Protection Stormwater Management Regulations.The site
plan shall show adequate measures to prevent pollution of surface water
and groundwater,to minimize erosion and sedimentation and to prevent
changes in the potential for flooding.Stormwater management facilities shall
be designed so that neighboring properties,public ways and public storm
drainage systems will not be adversely impacted.
Q.Mechanical equipment or other utility hardware on the roof,grounds or
buildings shall be screened from view from the ground.
R.All dumpsters shall be screened from public view.
4.6.Relevant Materials
●Site Plan Application, dated 11/16/20
●Site Plan Cover Letter, dated 11/16/20
●Emergency Vehicle Access Plan, dated 11/16/20
●Site Plans, dated 11/16/20
●Combined Application
●Email from Chief Bennett, Police Department, dated 11/23/20
●Email from J. Westerling, DPW Director, dated 11/23/20
●Structural Plans, dated 12/02/20
●Memorandum from B. Besso, Board of Health, dated 12/07/20
●Email from D. MacAdam, Conservation Administrator, dated 12/14/20
●Link to shared folder is here: 146 East Main Street Files
4.7.Comments Received
Board of Health Comments:
27
Our office has reviewed the Planning Board submission by Plankton Energy for
the construction of solar canopies in the parking area of the above location.As
Health Agent I reviewed the Minor Project Site Plan and provides the following
comments:
●The site is served by private Sewer and Municipal water.No changes to
the building or occupancy are proposed and the work will be conducted
in the parking areas depicted on the submission.The Health Department
has the following comments;
●The Health Department requires that during the construction phase
suitable Portable restroom facilities be provided or access to the building
by workers be allowed and that all operations during the Covid 19
Pandemic comply with State and Federal requirements with respect to
sanitation and Personal Protective Equipment.
●In addition to the above requirements care should be taken when
excavation is required not to disturb the power lines,control cables,and
effluent lines associated with the sewage pumps located near the Septic
soil absorption system at the rear of the property.A licensed septic
installer or Certified septic design Engineer should be consulted for the
lines locations.
4.8.Board Actions
The Board’s vote on the submitted materials will consist of:
●For approval of the Minor Project Site Plan Review -Decision due January
16,2021.A majority vote is required to approve the Site Plan.All
members are eligible to vote.
4.9.Motions
4.9.1.Findings
4.9.1.1.Site Plan
I move that the Board finds that the proposed development conforms
to the Site Plan Standards and provisions of Article XX;and that all
applicable criteria and standards set forth in the Zoning Bylaws
(Chapter 210) have been satisfied.
4.9.2.Approval/Denials
4.9.2.1.Site Plan
4.9.2.1.1.Approval with conditions
I move that the Board grant approval of the Site Plan under
Article XX 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.
28
4.9.2.1.2.Denial
I move that the Board deny the application for Site Plan under
Article XX of the Zoning Bylaws,as it does not meet the
following Site Plan Standards or other criteria for approval,as
set forth in Article XX: (list criteria that are not met).
4.10.Other
4.10.1.Requested Waivers
●None
4.10.2.Proposed Conditions
1.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.
2.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.
3.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.
4.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.
5.All exterior lighting within the Development Project,whether shown
on the approved Site Plan or required by the Massachusetts State
29
Building Code,shall be shielded,directed downward and not upward
or outward, and shall not spill onto adjacent property.
6.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.
7.If construction has not commenced within three (3)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.
8.A 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.
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13.The Applicant/Developer shall provide the Principal Planner with a
project point-of-contact and contact information prior to the issuance
of a Building Permit.This point-of-contact information shall be kept
current through correspondence to the Principal Planner until the
final Certificate of Occupancy is issued or construction is otherwise
considered complete.
5.0 Zoning Board of Appeals Notices
●Notices of Decisions (12-21-20 Meeting Administrative Files)
○None
●Public Hearing Notices (12-21-20 Meeting Administrative Files)
○None
6.0 Other
●The Annual Town Meeting Warrant will open on January 4,2021 and close on
February 1, 2021.
7.0 Next Meetings
●January 4
○Town Meeting Article Hearings
■Primarily those that were continued from 2020 ATM
●January 25
●February 8
●March 1
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