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HomeMy Public PortalAbout20161101 - Select Board - Agenda TOWN OF HOPKINTON BOARD OF SELECTMEN’S MEETING AGENDA TOWN HALL, 18 MAIN STREET, 2ND FLOOR ​ ​Tuesday, November 01, 2016 6:00 PM CALL TO ORDER 1.EXECUTIVE SESSION​ (ROOM 211) i. The Board will consider approving executive session minutes (8/9/16, 9/20/16, 10/04/16, 10/25/16). ii. ​CONTRACT NEGOTIATIONS, LITIGATION AND REAL PROPERTY 1.To discuss strategy relative to the deployment of public safety personnel and equipment or with respect to strategies thereto in connection with Town of Hopkinton Hazard Mitigation Plan. 2.To discuss strategies with respect to collective bargaining updates by the Town Manager relative to Fire and Dispatch Unions,because an open meeting may have detrimental effects on the bargaining positions of the Board. PLEDGE OF ALLEGIANCE 6:45 PM PUBLIC SESSION (ROOM 215) 2.PUBLIC FORUM Residents are invited to share ideas, opinions or ask questions regarding town government. STAFF RECOGNITION Fire Chief Stephen Slaman will recognize Lt.Carl Harris and Fire Prevention Officer Thomas Poirier for assisting a police officer during a recent event in New Hampshire. Supporting Exhibits:​ ​Request from Chief Slaman 6:50 PM CONSENT AGENDA 3.i. APPOINT ELECTION WORKERS The Board of Selectmen will consider appointing five (5) Election Workers with terms to expire at Annual Town Election 2017. Supporting Exhibits:​ ​Town Clerk Request Memo ii. ​LEGACY FARMS DEEDS The Board of Selectmen will consider signing deeds conveying the Legacy Farms “Municipal Parcel” on Wilson Street (21 acres) and “Recreational Parcel” on East Main Street (19 acres) to the Town, pursuant to a vote at the Annual Town Meeting in May, 2016 and as required in the Host Community Agreement. Supporting Exhibits​: ​Wilson Street Deed​; ​East Main Street Deed iii. MINUTES The Board of Selectmen will consider approving the following public session Minutes: 10/25/16. 7:00 PM LIVERY/LIMO LICENSE - EZ CAR BOSTON, LLC, 12 EDGEHILL RD. (ACTION) 4.The Board of Selectmen will consider approving a Livery/Limo License from EZ Car Boston, LLC to operate a livery vehicle to transport passengers around Hopkinton and to and from Logan Airport, Boston, MA. A valid MassPort Permit is required but will not be granted without prior LLCs approval. Supporting Exhibits:​ ​Application and supporting documents​; ​Permitting Team Comments;​ ​Draft Letter of Support 7:15 PM CHANGE OF MANAGER - CORNELL’s IRISH PUB (ACTION) 5.The Board of Selectmen will consider approving a Change of Manager from Colm Scanlon to Ellen Scanlon for Cornell’s Irish Pub. Supporting Exhibits​: ​Application and supporting documents​;​ Permitting Team Comments. 7:30 PM IRVINE-TODARO PROPERTIES ADVISORY GROUP STATUS UPDATE 6. The Irvine-Todaro Properties Advisory Group will review the status of the planning process and preliminary recommendations with the Board. Supporting Exhibit:​ ​ Irvine Todaro Properties Advisory Group Presentation 7:45 PM REVIEW DRAFT MASTER PLAN (ACTION) 7.The Board of Selectmen will review the draft Master Plan for the purpose of providing comments to the Planning Board in advance of a public hearing on November 21, 2016. Supporting Exhibits​: ​Draft Master Plan 8:05 PM 2017 BOSTON MARATHON INVITATIONAL ENTRY PROGRAM (ACTION) 8.The Board of Selectmen will consider approving categories that will be allocated invitational entries and seek requests from organizations within each category that wish to receive funds raised by the invitational entries for the 2017 Boston Marathon. Supporting Exhibit​: ​2017​ Invitational Entries distribution process​; Town Marathon Policy​. 8:20 PM CENTER SCHOOL DISPOSITION PROCESS 9.The Board of Selectmen will discuss the process to review potential future uses for the Center School property that may be feasible when, upon the closure of the School, the School Committee determines that the property is no longer needed or required for educational purposes​. Page 2 8:40 PM BOARD LIAISON ASSIGNMENTS/BOARD INVITES 10.FY17 Board Liaison assignments Board Invites for November 1, 2016 BoS Meeting 8:50 PM TOWN MANAGER’S REPORT 11.a. Proposed Change to Liquor License Policy: Town Manager will introduce prospective changes to the Town’s Alcohol Policy relative to Bring Your Own Bottle regulations and requiring Section 15 Package Store licensees to have security cameras to capture the point of sale from the perspective of the employee and customer and have both audio and visual recording capabilities. b. FY 18 Budget Calendar Update 9:15 PM FUTURE BOARD AGENDA ITEMS 9:30 PM ADJOURN Correspondence to the Board of Selectmen 1.Massachusetts Department of Transportation Toll Plaza Demolition Project Upcoming Board Meetings 1.November 22 2.December 06 3.December 20 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. Unless an agenda item is a posted public hearing, the matter may be considered earlier than the indicated time if there are last minute cancellations or other unforeseen events which cause the Board to move more quickly through the agenda. Page 3 gto Procedure for Convening an Executive Session 1. The Board or Committee posts proper notice of its meeting, together with an agenda stating its intention to convene in Executive Session and the legal purpose(s) of the Executive Session, at least 48 hours prior to convening (excluding Saturdays, Sundays and legal holidays). If the Executive Session will be convened for one of the puaposes set forth on the reverse side in Motion la or lb, the individual in question must receive written notice 48 hours in advance of the Executive Session. 2. The Board or Committee convenes in an open session. 3. If the intention and purpose(s) of the Executive Session could not have been reasonably anticipated by the Chair at the time of the posting of the meeting, the Chair should explain the circumstances that justify convening in Executive Session without having posted its intention and purpose(s) at least 48 hours prior to convening. 4. The Chair requests a motion stating the purpose of the Executive Session and identifying all subjects to be discussed that may be revealed without compromising the purpose(s) for which the Executive Session was called (See model motions on the reverse side). 5. A majority of members vote (by roll call recorded in the minutes) to convene in Executive Session. 6. The Chair states (before the Executive Session) whether the open session will reconvene following the Executive Session. Records Relating to an Executive Session 1. All votes taken during an Executive Session must be recorded roll call votes and shall become a part of the record of the Executive Session. 2. The minutes of the Executive Session and records used during the Executive Session may remain secret only as long as publication would defeat the lawfii purpose(s) of the Executive Session, but must thereafter become public records. 3. The Board or Committee must, at reasonable intervals, review the minutes of Executive Sessions to determine if the minutes remain exempt from disclosure, and such determination must be announced at the next meeting of the Board or Committee and recorded in the minutes of that meeting. 111 Harrington LLP Model Motions for Convening in Executive Session [CHAIR READS]: I request a motion that the Board vote to convene in Executive Session for the purpose of [INSERT ONE OR MORE OF THE FOLLOWING PURPOSES]: 1. a.* Discussing the reputation, character, physical condition or mental health, rather than professional competence, of an individual; b.* Discussing the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual; If the Board wishes to convene in Executive Session for these purposes, the individual in question has the right to receive written notice 48 hours in advance of the Executive Session; to be present at the Executive Session.; to have counsel or another representative present to advise the individual, though not to actively participate in the session; to speak in his/her own behalf; to make an audio recording or transcription of the Executive Session; and to require that that the discussion be held in open session. 2. a. Conducting strategy sessions in preparation for negotiations with nonunion personnel; b. Conducting collective bargaining sessions; c. Conducting contract negotiations with nonunion personnel; 3. a. Discussing strategy with respect to collective bargaining, because an open meeting may have a detrimental effect on the bargaining position of the Board; b. Discussing strategy with respect to litigation, because an open meeting may have a detrimental effect on the litigation position of the Board; 4. Discussing the deployment of security personnel or devices, or strategies with respect thereto; 5. Investigating charges of criminal misconduct or considering the filing of criminal complaints; 6. Considering the purchase, exchange, lease or value of real property, because an open meeting may have a detrimental effect on the negotiating position of the Board; Complying with, or acting under the authority of, a general or special law or federal grant-in-aid requirements; 8. Considering or interviewing applicants for employment or appointment as part of a preliminary screening process, because an open meeting may have a detrimental effect in obtaining qualified applicants; 9. Meeting or conferring with a mediator with respect to any litigation or decision; 10. Discussing trade secrets or confidential, competitively sensitive or other proprietary information provided in the course of activities conducted by the Board in its capacity as an energy supplier, municipal aggregator or energy cooperative because an open session may adversely affect its ability to conduct business in relation to other entities making, selling or distributing electric power and energy. 10/11/2016 Town of Hopkinton, M A Mail ­ Staff recognition https://m ail.google.com /mail/u/0/?ui=2&ik=190ae6bc3e&view=pt&q=stephen%20slam an&qs=true&sear ch=query&th=157a13a282ea693f&siml=157a13a282ea693f 1/2 Maria Gl ynn <m glynn@hopkintonma.gov> Staff recognition 1 mes s age S tephen Slam an <s s laman@hopk intonf d.org>Fri, Oc t 7, 2016 at 6:18 PM To: Maria Casey <mc as ey @hopk int onma.gov > Cc: Maria Gly nn <mgly nn@hopk intonma.gov >, Norman Khumalo <nk humalo@hopk intonma.gov > Hi Maria, Thank s for meeting with me t oday regarding the let ter of c ommendat ion I rec eiv ed f rom Polic e Chief Douglas F. Wyman, Jr. of the Center Sandwich P olice Depart ment located in New Hampshire. I n his letter Chief  Wyman stat es that  "they should be commended in t heir willingness t o become involved wit h assisting a police off icer in a violent  st ruggle and placing themselves in harms way". The let ter goes on t o demonst rate how well trained and crit ical their actions were in the outcome of the event.  For thes e reas ons I would like to plac e Lieut enant Carl Harris and Fire Prev ention Offic er Tom Poirier on the BoS agenda on October 25, 2016 for the purpos e of s taff recognition if pos s ible.  I am look ing to rec ogniz e t hem bot h f or an ac tion of brav ery while off duty  that truly  exemplify  what  our Firefighters represent while both serving our c ommunity and liv ing their daily  liv es .  Res pec tf ully Submitted,  Fire Chief Stephen T. Slaman ­­  Stephen T Slaman Fire Chief Emergency Management Direc tor Hopk int on Fire Department 73 Main Street Hopk int on Ma. 01748   Offic e: # 508­497­2325 Cell:    # 508­294­2810 Fax :    # 508­435­0554   All email messages  and attached content sent from and to this email account are public records unless qualified as  an exemption under the Massachusetts Public Records Law. 10/11/2016 Town of Hopkinton, M A Mail ­ Staff recognition https://m ail.google.com /mail/u/0/?ui=2&ik=190ae6bc3e&view=pt&q=stephen%20slam an&qs=true&sear ch=query&th=157a13a282ea693f&siml=157a13a282ea693f 2/2 Visit us online at www.hopkintonma.gov. TOWN OF HOPKINTON OFFICE OF TOWN CLERK 18 Main Street, Hopkinton, MA 01748 Phone: (508) 497-9710 Fax: (508) 497-9702 Connor B. Degan Town Clerk TO: Maria Glynn Executive Assistant to Board of Selectmen and Town Manager FROM: Connor B. Degan Town Clerk DATE: October 27, 2016 RE: Election Workers for November 8, 2016 Election I respectfully request that the Board of Selectmen approve the following Election Workers at their November 1, 2016 meeting. Mary Jo LaFreniere of 18 Walcott Valley Drive, Richard O. Duggan of 38 Pricilla Drive, Linda DiBona of 16 Davis Road, M. Katherine Yankee of 144 Pond Street, and Ralph E. Given of 27 Sanctuary Lane. I will be available for questions at the meeting if necessary. I appreciate the Board’s attention in this matter. LEGACY FARMS DEED LEGACY FARMS LLC, a Massachusetts limited liability company, with a mailing address c/o Baystone Development, 21 Center Street, Weston, Massachusetts 02493 (the "Grantor"), for nominal consideration paid of $1.00 and other good and valuable consideration hereby grants with QUITCLAIM COVENANTS to: < NAME: the TOWN OF HOPKINTON, a municipal corporation acting by and through its Board of Selectmen MAILING ADDRESS: Hopkinton Town Hall, 18 Main Street, Hopkinton, MA 01748 0 (the "Grantee") T all of Grantor's right, title and interest to those certain parcels of land, together with all improvements thereon (if any) located at Wilson Street in the Town of Hopkinton, Middlesex a° County, Commonwealth of Massachusetts, more particularly described in Exhibit A attached I hereto and incorporated herein (the "Property"). The Grantee, as the party responsible for the maintenance of the Property, shall create a stewardship and maintenance plan governing its use 0 of the Property. The Property is conveyed IN TRUST subject to the following conditions, restrictions, c rights and easements, and with the benefit of the following rights and easements: 1. The Board of Selectmen of the Town of Hopkinton shall be the Trustees under this Trust and shall manage and control the property conveyed to this Trust for the benefit of the inhabitants of Hopkinton. 2 b 4 2. The Trust property shall be used for municipal purposes, in perpetuity, in accordance with the vote taken under Article 51 of the 2015 Annual Town Meeting, a certified o copy of which is attached hereto. e. EASTI35317455.1 3. The Property is conveyed subject to and with the benefit of (i) the terms and conditions of a certain Master Plan Special Permit issued by the Planning Board of the Town of Hopkinton dated May 13, 2010 (the "ISIPSP''), which was recorded with the Middlesex Southern District Registry of Deeds (the "Registry") in Book 58540. Page 313. as amended by Amendment to Master Special Permit Decision dated June 1, 2012 and recorded with the Registry in Book 59569, Page 219, and by Amendment to Master Plan Special Pennit Decision dated July 1 1, 2012 and recorded with the Registry in Book 59885, Page 168, Amendment to Master Plan Special Permit Decision dated November 20, 2013 and recorded with the Registry in Book 63608, Page 155, Amendment to Master Plan Special Pennit Decision dated December 9, 2013 and recorded with the Registry in Book 63608, Page 151, Amendment to Master Plan Special Pennit Decision dated March 3, 2014 and recorded with the Registry in Book 63608, Page 146, and Amendment to Master Plan Special Pennit Decision dated April 30, 2015 and recorded with the Registry in Book 65448, Page 125, as the same may be further amended from time to time, and (ii) a certain Declaration of Covenants, Conditions and Restrictions for Legacy Farms, dated July 30, 2012, executed by the Grantor as Declarant with respect to certain property, as more particularly described therein, including the Property, recorded in the Registry in Book 59644, Page 479 (the "Declaration"). Subject to any restrictions set forth in the Declaration, the Grantee hereby irrevocably authorizes the Grantor to execute and record in the Registry from time to time amendment(s) and/or restatement(s) and/or extension(s) of the MPSP and the Declaration, and, upon such recording, the Property shall be subject to the MPSP and the Declaration, as each may be so amended, restated and/or so extended, as if such amendment(s), restatement(s) and/or extension(s) had been recorded prior to the recording of this Deed. Grantee further authorizes the Grantor to execute in the name of Grantee, deliver and/or record, if applicable, any and all other applications for and agreements and covenants required under any permits, variances, special permits and other relief required in connection with the project to be developed under the MPSP. The Grantee does hereby make, constitute and irrevocably appoint the Grantor as its attorney in fact and in its name, place and stead so to do, in the event the Grantee fails so to do within ten (10) days after demand in writing and the Grantor certifies that such failure has occurred. 4. The Property is conveyed subject to the tenns and provisions of the Host Community Agreement, dated May 1, 2008, as amended by amendments dated October 6, 2009, December 22, 2010, October 1, 2013, April 29, 2014, May 5, 2014 and August 8, 2014, between the Grantor and the Town of Hopkinton (the "Town"), as the same may be amended from time to time (the "HCA"), a copy of which is on file with the Town Clerk of the Town of Hopkinton and a copy of which certified by the Town Clerk is on file with the Legacy Farms Landowners Association, Inc. For clarity, this Deed shall not limit the Grantor's rights set forth in Section 14 of the HCA. 5. The Property is conveyed subject to and with the benefit of the terns and conditions of a certain Reciprocal Easement Agreement (the "PWTF Reciprocal Easement") executed between the Grantor and Legacy Farms Private Wastewater Treatment Facility LLC, dated July 30, 2012 and recorded with the Registry in Book 59645, Page 29. Notwithstanding anything to the contrary contained in the PWTF Reciprocal Easement or the Declaration, Grantee agrees that neither Grantee nor any successor owner of the Property shall have any right to connect to or make any use of the "PWTF Facilities" (as defined in the PWTF Reciprocal Easement). Subject to any restrictions in the PWTF Reciprocal Easement, the Grantee further EAST 135317455.1 hereby irrevocably authorizes the Grantor to execute and record in the Registry from time to time amendment(s) and/or restatement(s) and/or extension(s) of the PWTF Reciprocal Easement, and, upon such recording, the Property shall be subject the PWTF Reciprocal Easement as so amended, restated and/or so extended, as if such amendment(s), restatement(s) and/or extension(s) had been recorded prior to the recording of this Deed. The Grantee does hereby make, constitute and irrevocably appoint the Grantor as its attorney in fact and in its name, place and stead so to do, in the event the Grantee fails so to do within ten (10) days after demand in writing and the Grantor certifies that such failure has occurred. 6. The Property is conveyed subject to that certain Grant of Restriction Limiting Discharge of Dredged And Fill Material recorded in the Registry in Book 59644, 455 and that certain Grant of Restriction Limiting Discharge of Dredged And Fill Material recorded in the Registry in Book 59644, Page 467. 7. The foregoing reservations and restrictions set forth in Paragraphs 3-6 above are imposed for the benefit of the land subject to the Declaration. The foregoing restrictions set forth in Paragraphs 3-6 above may be enforced by Grantor and the Legacy Farms Landowners Association, Inc. (as defined in the Declaration). 8. Any matters set forth in Paragraphs 3-6 above which constitute restrictions for the purposes of M.G.L. c. 184, Section 27 (the "Property Restrictions") are imposed for a period of ninety (90) years and it is intended that the enforceability of each of the Property Restrictions be extended beyond thirty (30) years from the date of imposition of the restrictions. As provided under M.G.L. c. 184, Section 27, as amended, the term of the Property Restrictions may be extended for additional periods not exceeding twenty (20) years each, by the recording in the Registry before the expiration of thirty (30) years and before the expiration of any subsequent twenty (20) year extension period, as applicable, of an instrument of extension executed by the then owners of fifty percent (50%) or more of the restricted area in which the Property is located, as more specifically set forth and defined in the Declaration. To the extent enforceable under applicable law, the Grantee further hereby irrevocably authorizes the Grantor to execute and record in the Registry from time to time such instruments of extension on behalf of the Grantee. The Grantee does hereby make, constitute and irrevocably appoint the Grantor as its attorney in fact and in its name, place and stead so to do, in the event the Grantee fails so to do within ten (10) days after demand in writing and the Grantor certifies that such failure has occurred. 9. Grantee acknowledges that this conveyance by Grantor shall constitute (i) satisfaction of Grantor's obligation under Section C.7(e) of the MPSP to make available to the Town or its nominee, a certain parcel of approximately 21 acres of land, and (ii) along with the conveyance of 19.0 acres of land shown as LOT A -2-D on the plan identified above, satisfaction in full of Grantor's obligations under Section ] 4 of the HCA. Grantee further acknowledges that the Property constitutes "Restricted Land" and that this Deed constitutes a "Restricted Land Covenant," each as defined in the MPSP and the Town of Hopkinton Zoning Bylaws, and that following this conveyance the Property shall continue to constitute "Restricted Land" for the purposes of the MPSP and the Town of Hopkinton Zoning Bylaws. 10. It is the intent of the Grantor to convey the Property subject to that certain Restricted Land Covenant (Municipal) between Grantor and the Planning Board of the Town of EAST. 135317455.1 Hopkinton, recorded with the Registry in Book 67032, Page 564 (the "Prior Restricted Land Covenant") with respect to designation of a certain portion of the Property as Restricted Land. To the fullest extent permitted under applicable law, such Prior Restricted Land Covenant shall remain in full force and effect following the recording of this Deed. 1 1 . The Property is conveyed subject to and with the benefit of any other covenants, easements, agreements and other matters of record, insofar as the same are now in force and applicable. l2. It is intended that each and all of the covenants and agreements in this Deed to be perfonned by or on the part of Grantor or Grantee shall run with the land and shall be binding upon Grantor and Grantee and their respective legal representatives, successors and assigns. 13. The Property is conveyed together with all appurtenant rights and easements of record. For title of Grantor to the Property, see Deed of Mezitt Agricultural Corporation recorded with the Middlesex South Registry of Deeds on July 30, 2012 in Book 59644, Page 446. Property Address for the Property: Lot A -2-C, Wilson Street, Hopkinton, Massachusetts. [remainder of page left blank; signature page follows] EAST;135317455.1 WITNESS the execution hereof under seal as of the day of , 2016. GRANTOR: LEGACY FARMS LLC By: Name: Title: Manager GRANTEE: TOWN OF HOPKINTON By: Name: Title: EASTI35317455.1 COMMONWEALTH OF MASSACHUSETTS , SS. On this _ day of , 2016, before me, the undersigned notary public, personally appeared the above -named , as Manager of Legacy Farms LLC, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS , SS. On this _ day of , 2016, before me, the undersigned notary public, personally appeared the above -named , as of the Town of Hopkinton, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: EAST\135317455.1 EXHIBIT A Legal Description The following described land situated on the easterly side of Wilson Street in Hopkinton, Middlesex County, Massachusetts: A certain parcel of land situated on Wilson Street in the Town of Hopkinton, Middlesex County, Massachusetts, shown as LOT A -2-C and as containing 21.017 acres of land on a plan entitled "Legacy Farms Road North, Hopkinton, Massachusetts Issued For Definitive Subdivision Plan and Local Approvals", dated May 25, 2012, prepared by Vanasse, Hangen & Brustlin, Inc. (Sheets C-4 through C 12), recorded with Middlesex South District Registry of Deeds in Plan Book 2012, Plan 943 (9 Sheets). EAST.' 35317455.1 LEGACY FARMS DEED LEGACY FARMS LLC, a Massachusetts limited liability company, with a mailing address c/o Baystone Development, 21 Center Street, Weston, Massachusetts 02493 (the "Grantor"), for nominal consideration paid of 51.00 and other good and valuable consideration hereby grants with QUITCLAIM COVENANTS to: Legacy Fanns, Hopkinton, MA Lot A -2-D, East Ma NAME: the TOWN OF HOPKINTON, a municipal corporation acting by and through its Board of Selectmen MAILING ADDRESS: Hopkinton Town Hall, 18 Main Street, Hopkinton, MA 01748 (the "Grantee") all of Grantor's right, title and interest to those certain parcels of land, together with all improvements thereon (if any) located at East Main Street (Route 135) in the Town of Hopkinton, Middlesex County, Commonwealth of Massachusetts, more particularly described in Exhibit A attached hereto and incorporated herein (the "Property"). The Grantee, as the party responsible for the maintenance of the Property, shall create a stewardship and maintenance plan goveming its use of the Property. The Property is conveyed IN TRUST subject to the following conditions, restrictions, rights and easements, and with the benefit of the following rights and easements: 1. The Board of Selectmen of the Town of Hopkinton shall be the Trustees under this Trust and shall manage and control the property conveyed to this Trust for the benefit of the inhabitants of Hopkinton. b v 2. Except as otherwise provided in Paragraph 3, the Trust property shall be used for open space, recreation, and general municipal purposes, in perpetuity, in accordance with the E. vote taken under Article 46 of the 2016 Annual Town Meeting, a certified copy of which is attached hereto. EAST,' 35317463.2 3. The Grantor authorizes and empowers the Trustees, upon an authorizing vole of the Hopkinton Town Meeting, to convey, transfer and deliver the Trust property to a nonprofit entity exempt from federal income tax provided that: (I) the nonprofit entity's charter, bylaws, and other provisions for the organization and management of such corporation and its affairs and property shall be not inconsistent with the purposes of this Trust and shall be approved by the Trustees; (2) the Trust property shall be used for open space or recreation or for a purpose that, if undertaken by the Town, would constitute a municipal use; (3) the Trust property shall revert to the Trustees if the nonprofit entity ceases to use the property for one of the authorized purposes specified in the instrument of conveyance or ceases to be exempt from federal income tax; and (4) any and all subsequent conveyances shall be subject to approval by the Trustees consistent with the purposes of this Trust and shall be restricted as set forth herein. 4. The Property is conveyed subject to and with the benefit of (i) the terms and conditions of a certain Master Plan Special Permit issued by the Planning Board of the Town of Hopkinton dated May 13, 2010 (the "MPSP"), which was recorded with the Middlesex Southern District Registry of Deeds (the "Registry") in Book 58540, Page 313, as amended by Amendment to Master Special Permit Decision dated June I, 2012 and recorded with the Registry in Book 59569, Page 219, and by Amendment to Master Plan Special Permit Decision dated July 11, 2012 and recorded with the Registry in Book 59885, Page 168, Amendment to Master Plan Special Permit Decision dated November 20, 2013 and recorded with the Registry in Book 63608, Page 155, Amendment to Master Plan Special Permit Decision dated December 9, 2013 and recorded with the Registry in Book 63608, Page 151, Amendment to Master Plan Special Permit Decision dated March 3, 2014 and recorded with the Registry in Book 63608, Page 146, and Amendment to Master Plan Special Permit Decision dated April 30, 2015 and recorded with the Registry in Book 65448, Page 125, as the same may be further amended from time to time, and (ii) a certain Declaration of Covenants, Conditions and Restrictions for Legacy Farms, dated July 30, 2012, executed by the Grantor as Declarant with respect to certain property, as more particularly described therein, including the Property, recorded in the Registry in Book 59644, Page 479 (the "Declaration"). Subject to any restrictions set forth in the Declaration, the Grantee hereby irrevocably authorizes the Grantor to execute and record in the Registry from time to time amendment(s) and/or restatement(s) and/or extension(s) of the MPSP and the Declaration, and, upon such recording, the Property shall be subject to the MPSP and the Declaration, as each may be so amended, restated and/or so extended, as if such amendment(s), restatement(s) and/or extension(s) had been recorded prior to the recording of this Deed. Grantee further authorizes the Grantor to execute in the name of Grantee, deliver and/or record, if applicable, any and all other applications for and agreements and covenants required under any permits, variances, special permits and other relief required in connection with the project to be developed under the MPSP. The Grantee does hereby make, constitute and irrevocably appoint the Grantor as its attorney in fact and in its name, place and stead so to do, in the event the Grantee fails so to do within ten (10) days after demand in writing and the Grantor certifies that such failure has occurred. 5. The Property is conveyed subject to the terns and provisions of the Host Community Agreement, dated May 1, 2008, as amended by amendments dated October 6, 2009, December 22, 2010, October 1, 2013, April 29, 2014, May 5, 2014 and August 8, 2014, between the Grantor and the Town of Hopkinton (the "Town"), as the same may be amended from time to time (the "ACA"). a copy of which is on file with the Town Clerk of the Town of Hopkinton EASTI35317463.2 and a copy of which certified by the Town Clerk is on file with the Legacy Fanns Landowners Association, Inc. For clarity, this Deed shall not limit the Grantor's rights set forth in Section 14 of the HCA. 6. The Property is conveyed subject to and with the benefit of the terns and conditions of a certain Reciprocal Easement Agreement (the "PWTF Reciprocal Easement") executed between the Grantor and Legacy Fanns Private Wastewater Treatment Facility LLC, dated July 30, 2012 and recorded with the Registry in Book 59645, Page 29. Notwithstanding anything to the contrary contained in the PWTF Reciprocal Easement or the Declaration, Grantee agrees that neither Grantee nor any successor owner of the Property shall have any right to connect to or make any use of the "PWTF Facilities" (as defined in the PWTF Reciprocal Easement). Subject to any restrictions in the PWTF Reciprocal Easement, the Grantee further hereby irrevocably authorizes the Grantor to execute and record in the Registry from time to time amendment(s) and/or restatement(s) and/or extension(s) of the PWTF Reciprocal Easement, and, upon such recording, the Property shall be subject the PWTF Reciprocal Easement as so amended, restated and/or so extended, as if such amendment(s), restatement(s) and/or extension(s) had been recorded prior to the recording of this Deed. The Grantee does hereby make, constitute and irrevocably appoint the Grantor as its attorney in fact and in its name, place and stead so to do, in the event the Grantee fails so to do within ten (10) days after demand in writing and the Grantor certifies that such failure has occurred. 7. The Property is conveyed subject to that certain Grant of Restriction Limiting Discharge of Dredged And Fill Material recorded in the Registry in Book 59644, 455 and that certain Grant of Restriction Limiting Discharge of Dredged And Fill Material recorded in the Registry in Book 59644, Page 467. 8. The foregoing reservations and restrictions set forth in Paragraphs 4-7 above are unposed for the benefit of the land subject to the Declaration. The foregoing restrictions set forth in Paragraphs 4-7 above may be enforced by Grantor and the Legacy Farms Landowners Association, Inc. (as defined in the Declaration). 9. Any matters set forth in Paragraphs 4-7 above which constitute restrictions for the purposes of M.G.L. c. 184, Section 27 (the "Property Restrictions") are imposed for a period of ninety (90) years and it is intended that the enforceability of each of the Property Restrictions be extended beyond thirty (30) years from the date of imposition of the restrictions. As provided under M.G.L. c. 184, Section 27, as amended, the term of the Property Restrictions may be extended for additional periods not exceeding twenty (20) years each, by the recording in the Registry before the expiration of thirty (30) years and before the expiration of any subsequent twenty (20) year extension period, as applicable, of an instrument of extension executed by the then owners of fifty percent (50%) or more of the restricted area in which the Property is located, as more specifically set forth and defined in the Declaration. To the extent enforceable under applicable law, the Grantee further hereby irrevocably authorizes the Grantor to execute and record in the Registry from time to time such instruments of extension on behalf of the Grantee. The Grantee does hereby make, constitute and irrevocably appoint the Grantor as its attorney in fact and in its name, place and stead so to do, in the event the Grantee fails so to do within ten (10) days after demand in writing and the Grantor certifies that such failure has occurred. EAS \135317463.2 10. Grantee acknowledges that this conveyance by Grantor shall constitute (i) satisfaction of Grantor's obligation under Section C.7(d) and Condition #44 of the MPSP to make available to the Town or its nominee, a certain parcel of approximately 19 acres of land, and (ii) along with the conveyance of approximately 21 acres of land shown as LOT A -2-C on the plan identified above, satisfaction in full of Grantor's obligations under Section 14 of the HCA. Grantee further acknowledges that the Property constitutes "Restricted Land" and that this Deed constitutes a "Restricted Land Covenant," each as defined in the MPSP and the Town of Hopkinton Zoning Bylaws, and that following this conveyance the Property shall continue to constitute "Restricted Land" for the purposes of the MPSP and the Town of Hopkinton Zoning Bylaws. 11. It is the intent of the Grantor to convey the Property subject to that certain Restricted Land Covenant (Active and Passive Recreational) between Grantor and the Planning Board of the Town of Hopkinton, recorded with the Registry in Book 67307, Page 342 (the "Prior Restricted Land Covenant") with respect to designation of a certain portion of the Property as Restricted Land. To the fullest extent permitted under applicable law, such Prior Restricted Land Covenant shall remain in full force and effect following the recording of this Deed. 12. The Property is conveyed subject to and with the benefit of any other covenants, easements, agreements and other matters of record, insofar as the same are now in force and applicable. 13. It is intended that each and all of the covenants and agreements in this Deed to be performed by or on the part of Grantor or Grantee shall run with the land and shall be binding upon Grantor and Grantee and their respective legal representatives, successors and assigns. 14. The Property is conveyed together with all appurtenant rights and easements of record. For title of Grantor to the Property, see Deed of Mezitt Agricultural Corporation recorded with the Middlesex South Registry of Deeds on July 30, 2012 in Book 59644, Page 446. Property Address for the Property: Lot A -2-D, Bast Main Street, Hopkinton, Massachusetts. [remainder of page left blank; signature page follows] EAST335317463.2 WITNESS the execution hereof under seal as of the day of , 2016. GRANTOR: LEGACY FARMS LLC By: Name: Title: Manager GRANTEE: TOWN OF HOPKINTON By: Name: Title: EAST.135317463.2 COMMONWEALTH OF MASSACHUSETTS , SS. On this day of , 2016, before me, the undersigned notary public, personally appeared the above -named , as Manager of Legacy Farms LLC, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: COMMONWEALTH OF MASSACHUSETTS , ss. On this _ day of , 2016, before me, the undersigned notary public, personally appeared the above -named , as of the Town of Hopkinton, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: EAST 35317463.2 EXHIBIT A Legal Description The following described land situated on the northerly side of East Main Street in Hopkinton, Middlesex County, Massachusetts: A certain parcel of land situated on East Main Street in the Town of Hopkinton, Middlesex County, Massachusetts, shown as LOT A -2-D and as containing approximately 19 acres of land on a plan entitled "Legacy Farms Road North, Hopkinton, Massachusetts Issued For Definitive Subdivision Plan and Local Approvals", dated May 25, 2012, prepared by Vanasse, Hangen & Brustlin, Inc. (Sheets C-4 through C 12), recorded with Middlesex South District Registry of Deeds in Plan Book 2012, Plan 943 (9 Sheets). EAST\ 135317463.2 TOWN OF HOPKINTON BOARD OF SELECTMEN '16 OCT 13 F 2:59 GENERAL LICENSE APPLICATION Please check all boxes that apply: o Alcohol oCommon Victualler oEntertainment ()very/Limo oClass I oClass II /17 itiir/ z4 -a /-/G/") Applicant Date 2 GA Business Name 36..1f.0 -r DBA (if different) Street Address/PO Box Telephone Email /-7 b PkktIA) 1' City/Town State Zip The licensed premises, activity, or equipment shall be located at the following address: /L .1)f E //it L ,Qv‘16 / loo/(c tAJivry This license is requested for the following expected hours of operation and days of the week. 04(7s 2c( yv/,Z) ?ea D14 Describe activity in the space below details of the license you're applying for (include any floor plan, if necessary): Llcterc-Y l/L'(-. (ck e of 5ere-r 06294-/-/ ArgOdrit 18 Main Street, Hopkinton, MA 017481508-497-9700 Entertainment License Application Pursuant to M.G.L. c. 140, §183A (only in conjunction with other license applications and only if you are applying for an entertainment license) Please check all that apply: Dancing: By Patrons By Entertainers No Dancing Music: Recorded Juke Box Live Music Amplification System No Music Shows: Theatre Movies Floor Show Light Show No Shows Nudity: Nudity, as described in M.G.L. c. 140, § 183A No Nudity Admission Charges: Yes No If yes, how much (or submit an admission schedule) Other (Indicate Quantity): Televisions Video Games Pool/Billiard Tables Does the facility have adequate suppression systems? Yes No Please fully describe the proposed entertainment (Type, dates, hours of operation, indoors/outdoors, number of maximum patrons/attendees, etc. You may also submit a separate narrative to answer this question in deeper detail if more space is required): In addition, please submit the required documentation as part of your application: 1. Floor Plan of the proposed licensed premises; 2. Proof of adequate liability insurance (including alcohol insurance for on -premises liquor licenses); 3. Proof of Worker's Compensation Insurance certificate; 4. Adequate TIPS certified documentation only for proposed Manager of on -premises liquor licenses). I certify under pains of perjury that I, to the best knowledge and belief, have filed all state tax returns and paid all state taxes required under law, and that all the information in this application are to the best of my knowledge true and correct. 18 Main Street, Hopkinton, MA 017481508-497-9700 EZ Car Boston, LLC Livery/Limo License Permitting Team Comments Please respond to Maria Glynn regarding your comments/questions/concerns regarding a Livery/Limo License application from Martin McLaughlin of EZ Car Boston, LLC to transport passengers around Hopkinton and to/from Logan Airport. This license application is for 7 days/week/24 hours/day. Maria The DPW has no comment on this application. Thank you. Sincerely, John K. Westerling Director of Public Works The police department has no issues with this license. The Applicant will be subject to annual inspection by this department to insure he is complying with permit and state law. Thanks Jay Maria, The Board of Health has no comments on this application. Hi Maria, The Fire Department has no comment on the application. Thanks, Steve ____________________________________________________________________________ AI'.1ACHMENTB SAMPLE CITY/TOWN LETTER ***Official City/Town Letterhead * * * Date: Massachusetts Port Authority One Harborside Drive I Suite 200S Logan International Airport East Boston, M4 02128-2909 Attention: Ground Transportation Dear Sir/Madam: The City/Town does not havepikse limousine/livery requirements andhas no objection to Name operating within and through its boundaries. Sincerely, (Signature of duly authorized official) Application for Commercial Ground Transportation Service Permit Attachment B The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM Print Form APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED, AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION, LLC, PARTNERSHIP, OR INDIVIDUAL) CHECK NUMBER IF USED EPAY, CONFIRMATION NUMBER A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY) LICENSEE NAME ADDRESS CITY/TOWN �SCan(on, LLL, aijbj4 Cornell's Cosh Pbc s I- jd . ROL i — i-iGpKsn-f on TRANSACTION TYPE (Please check all relevant transactions): • Alteration of Licensed Premises E Change Corporate Name f] Change of License Type E Change of Location c' Change of Manager [] Other STATE • Cordials/Liqueurs Permit • Issuance of Stock • Management/Operating Agreement Li More than (3) §15 • New License 3 ZIP CODE O New Officer/Director • New Stockholder O Pledge of Stock • Pledge of License • Seasonal to Annual 17 e ❑ Transfer of License • Transfer of Stock • Wine & Malt to All Alcohol E 6 -Day to 7 -Day License THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 CORNELL'S IRISH PUB 02-12 229 HAYDEN ROWE ST 508-904-9008 HOPKINTON, MA 01748 Paytr ofothe Orde bi,uo %1vYldt2P 1,01Z,5 Middlesex Savings Bank HOPKINTON, MA 01748 19.30'—i 6 Date For Cam. I:23 1.371227i: 1637L0?520 2907 2907 53-7122/2 T 13 FRAL Mlj1Oft The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.gov/abcc AMENDEMENT APPLICATION FOR A CHANGE OF MANAGER Please complete this entire application, leaving no fields blank. If field does not apply to your situation, please write N/A. 1. NAME OF LICENSEE (Business Contact) ABCC License Number City/Town of Licensee 2. APPLICATION CONTACT The application contact is required and is the person who will be contacted with any questions regarding this application. First Name: Title: Email: Middle: Manci6eR '1. er15CCU11on e UeP i 26n - fly Last Name: Primary Phone: SCnlon 53S435blq,72 3. BUSINESS CONTACT Please complete this section ONLY if there are changes to the Licensee phone number, business address (corporate headquarters), or mailing address. Entity Name: Primary Phone: Alternative Phone: Email: Fax Number: Business Address (Corporate Headquarters) Street Number: City/Town: Zip Code: Street Name: (->? V c kn Rowe_ 1-toPr.`nl-can 0174 Country: State: rnC\ O 5•R - Mailing Address Street Number: City/Town: Zip Code: Check here if your Mailing Address is the same as your Business Address Street Name: Country: State: 1 APPLICATION FOR A NEW RETAIL ALCOHOLIC BEVERAGES LICENSE 4. MANAGER CONTACT The Manager Contact is required and is the individual who will have day-to-day, operational control over the liquor license. Salutation First Name El 1 as Middle Name l020 -/-Q Last Name SC p h l o fl Suffix Social Security Number U220V-0538 Date of Birth 04-1 4- b9 Primary Phone: 502435 bi q Z Email: etteri5Call [On@ 1.)er1201) , nE b Mobile Phone: 50sq Q (L goo 8 Place of Employment Gorneli`5 :-L.nsk Pc b Alternative Phone: N /A Fax Number n/pt. j Citizenship / Residency / Background Information of Proposed Manager Are you a U.S. Citizen? ( es (' No Have you ever been convicted of a state, (' Yes (WWNo Do you have direct, indirect, or P/Y/es interest in this license? P Yes C No federal, or military crime? If yes, attach an affidavit that lists convictions with an explanation for If yes, percentage of interest your each Have you ever been Manager of Record of a (' Yes (4 license to sell alcoholic beverages? If yes, please indicate type of Interest (check all that apply): ❑ Officer ❑ Sole Proprietor ❑ Stockholder ❑ LLC Manager If yes, please list the licenses for which you are the current ❑ LLC Member ❑ Director ❑ Partner [Landlord or proposed manager: ❑ Contractual ❑ Revenue Sharing ❑ Management Agreement ❑ Other Please indicate how many hours per week you intend to be on the licensed premises 50 hOCIrS Employment Information of Proposed Manager Please provide your employment history for the past 10 years Date(s) Position Employer Address Phone Prior Disciplinary Action of Proposed Manager Have you ever been involved directly or indirectly in an alcoholic beverages license that was subject to disciplinary action? If yes, please complete the following: Ni 0 Date of Action Name of License State City Reason for suspension, revocation or cancellation PROPOSED MANAGER MUST COMPLETE A CORI REQUEST FORM 2 ADDITIONAL SPACE The following space is for any additional information you wish to supply or to clarify an answer you supplied in the application. If referrencing the application, please be sure to include the number of the question to which you are referring. October 11, 2016 Scanlon LLC Cornelis irish pub 229 Hayden Rowe Street Hopkinton mass 01748 DBA Cornelis Irish pub To the abcc board 1 colm Anthony Scanlon of 5 morse lane in Hopkinton, I am the sole owner of Scanlon IIc and the manager and I am voting to appoint my wife ellen I Scanlon of 5 morse lane in Hopkinton be made the new manager of Scanlon IIc, dba cornells irish pub as I do not have enough time to spend at cornells irish pub and my wife will be there everyday to oversee running of the pub. If you have any questions or need more information please call me at 508-904-8881. m scanlo APPLICANT'S STATEMENT the: ❑sole proprietor; ❑ partner; ❑ corporate principal; ❑ LLC/LLP member Authorized Signatory of Name of the Entity/Corporation , hereby submit this application for Transaction(s) you are applying for (hereinafter the "Application"), to the local licensing authority (the "LLA") and the Alcoholic Beverages Control Commission (the "ABCC" and together with the LLA collectively the "Licensing Authorities") for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) I understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) I state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) I understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) I understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) I understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) I understand that all statements and representations made become conditions of the license; (7) I understand that any physical alterations to or changes to the size of, the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) I understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and (9) I understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature: Title: Ve_eesi 6r(1,61,eaun Date: TOWN OF HOPKINTON BOARD OF SELECTMEN GENERAL LICENSE APPLICATION '16 OCT 19 Am9:27 Please check all boxes that apply: a Alcohol °Common Victualler °Entertainment aLivery/Limo oClass I oClass 11 EIi 1 5cnar 27- 16 Applicant Date $Cnion LLL CoR 5.ER3'h Pbo Business Name DBA (if different) /2.9 1--/ a YJ koLde 5cs 13 5 i z ecuemsGanbri uez zo►, mneE Street Address/PO Box Telephone Email j Pktnb'n MUSS C ity/Town al -714E State Zip The licensed premises, activity, or equipment shall be located at the following address: .)aq Nay Aen Ro tt L, Nopkintoo rod a 4�? This license is requested for the following expected hours of operation and days of the week. /(3 Am - tom clajS P Loee� Describe activity in the space below details of the license you're applying for (include any floor plan, if necessary): 18 Main Street, Hopkinton, MA 017481508-497-9700 Entertainment License Application Pursuant to M.G.L. c. 140, §183A (only in conjunction with other license applications and only if you are applying for an entertainment license) Please check all that apply: Dancing: By Patrons By Entertainers Music: Recorded Juke Box Amplification System No Music Shows: Theatre Movies Light Show No Shows V Nudity: Nudity, as described in M.G.L. c. 140, § 183A No Nudity ✓cr Admission Charges: Yes No If yes, how much (or submit an admission schedule) Other (Indicate Quantity): Televisions 7 Video Games 0 No Dancing Live Music Floor Show Pool/Billiard Tables CC Does the facility have adequate suppression systems? Yes ✓ No Please fully describe the proposed entertainment (Type, dates, hours of operation, indoors/outdoors, number of maximum patrons/attendees, etc. You may also submit a separate narrative to answer this question in deeper detail if more space is required): In addition, please submit the required documentation as part of your application: 1. Floor Plan of the proposed licensed premises; 2. Proof of adequate liability insurance (including alcohol insurance for on -premises liquor licenses); 3. Proof of Worker's Compensation Insurance certificate; 4. Adequate TIPS certified documentation only for proposed Manager of on -premises liquor licenses). I certify under pains of perjury that I, to the best knowledge and belief, have filed all state tax returns and paid all state taxes required under law, and that all the information in this application are to the best of my knowledge true and correct. ae,ri ralvteir) 9 J£ 7' l b Signature Date 18 Main Street, Hopkinton, MA 017481 508-497-9700 AWRO CERTIFICATE OF LIABILITY INSURANCE SCANL-1 OP ID: JH i DATE (MM/DD/YYYY) 09/29/16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Paul M. Phipps Insurance Agency Inc. 80 Main St. P.O. Box 166 Hopkinton, MA 01748 INSURED Odowd Scanlon, LLC. DBA Cornell's Irish Pub 5 Morse Lane Hopkinton, MA 01748 COVERAGES Phone: 508-435-6388 Fax: 508-435-5334 CONTACT NAME: PHONE (A/C, No. Ed): E-MAIL ADDRESS: FAX (A/C, No): INSURER(S) AFFORDING COVERAGE INSURER A:AmTrust North America Inc INSURER B : NAIC INSURER C : INSURER D : INSURER E : INSURER F : CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC AUTOMOBILE LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes. describe under DESCRIPTION OF OPERATIONS below ANY AUTO ALL OINKED AUTOS HIRED AUTOS ADDL UBR POLICY EFF POLICY EXP )NSR �WVD POLICY NUMBER (MM/DDIYYYY) I(MIWDD/YYYY) SCHEDULED AUTOS NON -OWNED AUTOS UMBRELLA LIAB EXCESS LIAB DED OCCUR CLAIMS -MADE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ! N N/A WWC3205201 LIMITS EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG 06/10/16 06/10/17 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ EACH OCCURRENCE AGGREGATE X (TORY IMITS I I ER E.L. EACH ACCIDENT $ 1 00,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER E.L. DISEASE - POLICY LIMIT HOPKOO2 TOWN OF HOPKINTON 18 MAIN STREET HOPKINTON, MA 01748 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD \/ A A � .aric TAt3: _S V.', 4 1` .. c AT a=3:•F:.C`4 .i RESTAURANT BA 229 fIA1 DEN RO ME HOPKINTO N, MA ACROPOLIS DESIGN CONSULTANTS •5 TS A-1 This is your official TIPS certific ation card. Carry it with yo u as proo f of your TIPS c ertification. Congratulations! This card cert ifies that you have successfu lly completed the TIPS (Training for In tervention Pro cedureS) pro gram. We value yo ur partic ipation and dedicatio n to the responsible sale, service, and co nsumptio n of alcoho l. By usin g the techniques yo u have learned, yo u will he lp to prov ide a safer e nviron ment fo r yo ur patron s, pee rs, and co lleagues and reduce the tragedie s resulting from into xicatio n, un derage drinking, an d drunk driving. If yo u have an y in fo rmation yo u think would enhan ce the TIPS 4 program, or if we can as sis t you in any way, please co nta ct us at 800-438-8477. Sinc erely, i-r Adam F. Chafetz HCI President ID#: 4363587 Name: Ellen Scanl on Exam Da te: 9/27/2016 Expiratio n Date: 9/27/2019 4111/411106 . eTIPS On Premise 3.0 Issued: 9/27/2016 ID#: 4363587 CERTIFIE D E xpire s: 9/27/2019 Ellen Scanlo n Scanlon LLC Cornelis Irish Pub 229 Hayden Row e St Hopkinton, MA 01748-2803 For ser vice visit us online at www.g ettips ,com CHANGE OF MANAGER SCANLON, LLC d/b/a Cornell’s Irish Pub PERMITTING TEAM COMMENTS Attached you will find an application from Colm Scanlon, Owner of Cornell's Irish Pub, 229 Hayden Rowe, requesting a change of Manager from himself (Colm Scanlon) to his wife, Ellen Scanlon. Mr. Scanlon will remain the owner of the business. Could you kindly reply to me with comments no later than Wednesday, October 26, 2016 at noon. We are hoping to place on the Tuesday, November 1, 2016 Board of Selectmen Agenda. ______________________________________________________________________ Maria The DPW has no comment on this application. Thank you. Sincerely, John K. Westerling Director of Public Works _____________________________________________________________________________________ Maria, I have no comment on the application. Elaine Maria The Police dept. has no issues with this transfer. Jay _____________________________________________________________________________________ Maria, The board of health has no comments on this manager change application . _____________________________________________________________________________________ Hi Maria, The Building/Zoning Departments have no issue with this change. Thanks, Chuck Irvine-Todaro Property Advisory Group Board of Selectmen Update Tuesday Nov 1, 2016 ITPAG Scope 1.Make recommendations to the Board of Selectmen regarding the design of an interactive public process 2.Guide creation of a Development Plan for the parcels 3.Ensure that the Development Plan reflects the community’s aspirations 4.Provide an assessment of the broader neighborhood context and the appropriateness of particular uses given the site, quality of life and visual characteristics of the area as valued by the community 5.Create a Development Plan that serves as an outside resource to the Board throughout the development process 6.Gather input from a broad base of citizens by reaching out to the community 7.Conduct public education and outreach on the Development Plan process 2 Property Overview 3 Irvine property Todaro property EMC park Town Town Property Overview 4 Town ( Con Comm) ITPAG Community Outreach •Survey outreach •Distributed online from 08/11/16 to 09/23/16 •Promoted in HopNews, Town website, Hopkinton Independent, HCAM, Facebook Hopkinton Real Housewives •Promoted at PolyArts table •Received 265 responses •Additional outreach: Location and Time TBD 5 ITPAG Community Outreach: Preliminary Survey Results •Survey results may not represent a statistically significant sample size since they may not represent a broad cross section of the town’s residents. •A Potential Future School and Trails were ranked Most Important to the respondents •60% of respondents ranked school bus parking lot as Least or Less Important. •There was lack of support for sports fields. •Letter from the School Committee dated 9/22/16, which lists 5 potential uses: •Bus parking lot occupying one half to one acre; •School maintenance facility; •Additional school building; •Cross-country courses; •Permanent district administrative office space. 6 Key Survey Results 7 ITPAG Recommendations 8 Recommendation -Overall Delay decisions until after new elementary school is near completion to allow community to gain better understanding of school needs Exceptions: Recommend Proceeding Near Term •Parking to accommodate both school buses and trail head parking •Trails with very limited investment Questions 9 1 2016 Hopkinton Master Plan –Draft – 10/14/16 Contents Vision ............................................................................................................................................. 2 Acknowledgements ...................................................................................................................... 4 Master Plan Goals ........................................................................................................................ 5 Land Use ........................................................................................................................................ 7 Natural, Cultural and Open Space Resources ........................................................................ 20 Housing & Residential Development ...................................................................................... 30 Economic Development ............................................................................................................ 40 Community Facilities & Services ............................................................................................. 48 Transportation ............................................................................................................................ 61 Implementation Plan ................................................................................................................. 73 2 Vision Hopkinton Overarching Vision Hopkinton is a vibrant welcoming community centrally located in New England and nestled 26.2 miles west of Boston. We are endowed with open space, natural resources, facilities and programs that promote a well educated and healthy community. We are respectful of our past, engaged in our present, and actively preparing for our future. Based on our history, our values and our creativity, we the citizens of Hopkinton will:  Foster a culture of respect, collaboration and communication among Hopkinton citizens using an array of innovative methods and new technologies to make bold forward thinking decisions on Town issues over the next ten years.  Actively build consensus for a citizen-focused, well managed, fiscally sound, open and fair town government.  Sustain and support an educational system of excellence.  Maintain Hopkinton as a safe community through continued support of public safety functions.  Encourage new growth and redevelopment consistent with our values and d esires to protect the unique features of the town while allowing expanded employment, housing and revenue opportunities.  Ensure future growth that provides an appropriate balance of distinct residential, commercial, institutional and government buildings and public spaces reflecting the attractive and historic town character of Hopkinton.  Encourage public/private partnerships that revitalize and invigorate the downtown, creating a more vibrant and walkable center with an exciting mix of stores, offices, services, and restaurants. 3  Collaborate with local and regional officials in the MetroWest area to increase transportation options for all residents, including the creation of a biking system throughout Hopkinton that provides a safe mode of travel and a healthy and valued activity.  Promote sustainability and energy conservation throughout our town plans, actions and public investments to maintain Hopkinton’s status as a green community leader.  Protect open spaces and natural resources, build upon the town’s history and cultural heritage, and treasure our beautiful and special places as they define our community identity and character. 4 Acknowledgements The Hopkinton Master Plan is a blueprint for our future that will help to guide our choices and decisions as a Town. The Plan discusses current and projected needs, establishes goals and identifies some of the ways we can achieve these goals together. The Board feels that the Plan is realistic and optimistic – we can achieve these goals if there is a collective will to do so, and if we do, Hopkinton will continue to be the place we are proud to call home. The Planning Board thanks all those who participated in this update of the Master Plan, especially the Hopkinton Visioning Steering Group, current and past members of the Planning Board who have worked through many complex issues, Elaine Lazarus and Jennifer Burke, who have put in many hours to translate our ideas and thoughts into words, and the public, without whose thoughts and insights this Plan would not have been possible. Hopkinton Visioning Steering Group Tim Kilduff Tom Terry John Coutinho Peter LaGoy Deb Thomas Mavis O’Leary Kristin Dykstra Susan Marshall Planning Board Members Ken Weismantel Vincent Cerulle Fran DeYoung Frank D’Urso John Ferrari Brian Karp Clifford Kistner David Paul Matthew Wade Past Planning Board Members Claire Wright Deborah Thomas Frank Sivo John Coutinho Dick MacDonald Todd Holbrook Mark Abate Christian Ollenborger 5 Master Plan Goals Land Use GOals  Coordinate Town services to keep pace with development.  Protect critical natural resources.  Encourage commercial and industrial uses that are compatible with surrounding neighborhoods and Hopkinton’s community character.  Monitor the Town’s land use regulations to facilitate desirable growth, including encouragement of private redevelopment of property in the Industrial Districts and the downtown area. Natural, Cultural & Open Space Resources goals  Retain the rural and historic fabric of Hopkinton. Facilitate and encourage historic preservation.  Preserve and enhance large tracts of privately owned open land in agricultural, recreational, or undeveloped use.  Link public, private and semi-public open spaces together to form corridors for wetlands, wildlife and recreational uses and preserve wildlife corridors.  Document the Town’s natural resources and features and encourage responsible land planning. Housing & Residential Development goals  Monitor housing development and create new affordable rental housing when needed so that the Town remains above the 10% affordable housing goal.  Maintain a balanced housing stock, and modify the Zoning Bylaw as needed to guide future residential development.  Study ways to create lower priced dwellings for first time home buyers.  Develop formal policies relating to the development of back lots, the creation of dead end streets and the process for construction of paper streets. Economic Development goals 6  Improve transportation access to Hopkinton’s business “nodes”.  Provide more downtown parking.  Maintain zoning regulations that reflect the Town’s wishes for commercial growth and development.  Manage economic opportunities.  Diversify the tax base.  Improve access to information.  Provide adequate infrastructure, including water and sewer, in commercial and industrial areas to facilitate growth. Community facilities & services goals  Protect land around existing and future public water supplies.  Require aquifer recharge.  Provide adequate space for Town facilities.  Provide sewer service to areas of greatest need; Study and plan sewer build-out to support land use planning.  Maintain and improve existing recreation facilities and create new facilities to serve the needs of Hopkinton residents. Transportation goals  Improve & maintain the existing transportation system to provide adequate service to accommodate future growth.  Provide alternatives to automobile transportation, including bicycle and pedestrian facilities and networks.  Improve public safety by addressing problematic and hazardous intersections. 7 Land Use The Land Use element of a master plan provides a policy framework for managing growth and change. Land use refers to residential, commercial, industrial and institutional development, along with open land, natural resources and roadways. The location, physical arrangement and intensity of land uses come together to create land use patterns, which tell the story of a community’s physical evolution from rural settlement to modern suburb. The majority of the land in Hopkinton is wooded and is about evenly split between developed (46%) and undeveloped (54%). Most of the vacant land is zoned for residential use, but zoning alone does not determine how land is used now or will be used in the future. Other laws and regulations that work in conjunction with zoning, such as wetlands protection and Title V, exert considerable control over the development of land and the intensity of land use. For example, Hopkinton’s multi-family and townhouse developments usually have fewer units than allowed by zoning because wetland constraints and the difficulties of providing on-site wastewater disposal systems made the maximum permissible density unattainable. Developers of single- family homes often encounter the same kinds of challenges. In addition, factors such as ownership, deed restrictions and perpetual conservation restrictions may prevent or substantially limit future land use change. Planning for the future requires an analysis of how land is currently zoned for various uses and how much development the available supply of land can support. A mismatch of zoning, land supply and future needs for homes, businesses, municipal or school facilities, parks and open space means that communities need regulatory and non-regulatory techniques to implement their master plans. A good example is Hopkinton’s long-standing commitment to open space zoning and open space acquisitions, which together have helped to preserve the community character that residents cherish. HOPKINTON TODAY Hopkinton’s landscape includes a rich collection of ledges, hills, open and forested land, several large bodies of water, and streams that run throughout the Town. These features define Hopkinton’s natural beauty and contribute indelibly to its physical form. Nodes of early In 2025, Hopkinton has appropriately scaled, well designed and sited new commercial development including retail, service and office uses in the town center and along the I- 495 corridor and also a mix of housing types that serve to enhance Hopkinton’s community character. 8 settlement can be seen in Woodville and Hopkinton Center, while historic homes and the agricultural outbuildings of farms and wood lots still stand here and there, including on Pond Street, Fruit Street and Elm Street. Although a considerable amount of development has occurred since the early 1990’s, Hopkinton still has large tracts of vacant land that provide color, texture and a mosaic of rural imagery in a changing town. Community Character Hopkinton’s family-oriented traditions are reflected in its land use pattern, for in many ways the Town has evolved as a community built for families. Spacious single-family homes, schools and places to play form a dominant impression of Hopkinton, much like its open space and scenic vistas. The large, expensive new homes built in Hopkinton today address market preferences for the same type of product in other affluent suburbs, yet the Town’s recent subdivisions belie the diversity found in its single-family home inventory and the distinctive character of its older neighborhoods. The street network hints at these differences, for Hopkinton roads document the Town’s evolution from rural village to industrial center and modern suburb. Land use in Hopkinton is framed by long, radial roadways that converge in the downtown area and run outward to the region’s historic economic centers, notably Framingham, Milford and Marlborough. The linear village of Woodville is nestled along one of these roadways, Wood Street, just east of Whitehall Brook and north of the small ponds that became Lake Whitehall in the late 1800s. Woodville evolved around water dependent industries that tapped the hydro- power of Whitehall Brook. Today, many of Hopkinton’s older roads double as rural arterials carrying through traffic and local streets serving residential land uses. Historic homes stand along Pond Street, West Elm Street, Lumber Street and Hayden Rowe, often surrounded by newer houses that were built as farming became increasingly uneconomic. In contrast, Hopkinton Center’s compact development pattern includes a grid of interconnected streets with a shape that bears an unmistakable relationship to the curve of the old Milford- Woonsocket railroad tracks. The image of a thriving, densely settled commercial center surrounded by rolling hills and farms inspired O.H. Bailey’s 1880 panoramic map, which depicts a Hopkinton that differs significantly from the place many people describe as Hopkinton today. Only two years after Bailey’s map was published, a fire destroyed 14 manufacturing buildings and all but assured the collapse of Hopkinton’s shoe and boot industry. Nonetheless, the imprint of Hopkinton’s industrial period endures in the unique configuration of streets in Hopkinton Center. 9 As development gradually extended into outlying rural areas, a new street hierarchy with roads reflecting the design principles of their day was etched into the land. Hopkinton’s suburban transition can be seen in the curvilinear looped roads that serve postwar subdivisions such as Eastview Road and Robbern Road, or Priscilla Road. Sub-collectors such as Briarcliff Drive and Thayer Heights Road followed, along with numerous culs-de-sac thought to encourage neighborhood identity, provide privacy and separate residences from through traffic. Teresa Road, off Hayden Rowe Street, is a classic 1970’s subdivision, comprised of a deep access road that serves multiple interior culs-de-sac, all surrounded by single family homes. More recent examples of the same type of street hierarchy exist throughout East Hopkinton and south of Lake Whitehall in the western part of town, attesting to the conversion of large tracts of land to new development. Not surprisingly, the views from the road change dramatically from one end of Hopkinton to the other, and these views shape the town’s character. From the vistas across Lake Whitehall or the former Weston Nurseries to the intimacy of Woodville and the deep forests along Winter Street, views from the road reveal the mix of historic and contemporary land uses that make Hopkinton so inviting to those who live and work here. LAND USE CHARACTERISTICS Residential Development From 1993 to 2015, the total number of housing units in Hopkinton increased from 3,700 to 5,849, or 2,149 new units. Nearly all of the 6,235 acres of land in residential use today consists of detached single family homes (90%), the predominant form of development in Hopkinton. A comparatively small amount of land was developed for multi-family use until 2012, when construction on the south side of Legacy Farms began. While still a small area in comparison, it is more noticeable. The Town also has some older, two-family and three-family homes and a small collection of older multi-family buildings, located mainly in downtown neighborhoods, on Hayden Rowe and in Woodville. In addition, the Housing Authority owns a small senior and family housing development on the periphery of downtown Hopkinton. Hopkinton’s single family residential development pattern is not homogeneous. Many streets in Hopkinton are lined with single family homes, yet the houses vary considerably by age and style, such as historic residences that lie close to the road and face the street, and newer homes with fairly uniform setbacks that reflect the impact of zoning. Although most developments built since the late 1980’s include clusters of single family homes and common open space, the Town also has some large-lot development, such as estate lots, and approximately 600 acres in very large parcels that have some potential for future subdivision. Several of these large, potentially developable parcels contain existing single family homes that are quite old. 10 Residential Land Use Residential Use Acres Single-Family Homes* 5,660 Condominiums 346 Two-Family Homes 59 Three-Family Homes 11 Multi-Family 60 *Includes single family homes with accessory apartments, mobile homes, congregate residences, multiple single family dwellings on one lot. Commercial and Industrial Development Commercial uses occupy approximately 175 acres of land in Hopkinton. The commercial property inventory includes small retail establishments, supermarket, pharmacy, restaurants, office space, a lumber yard, warehouse and distribution facilities, auto repair facilities, and dry cleaners. A majority of Hopkinton’s commercial development exists in and adjacent to the downtown area and around the I-495 interchange. The Hopkinton Square development at the corner of West Main Street and South Street is the newest addition to the commercial inventory. The development is fully occupied. Over time, the Industrial A District on South Street has attracted a number of industries, notably EMC Corporation, Hopkinton’s largest private sector employer. Industrial uses occupy about 718 acres, most of which is on South Street. Uses include manufacturing, warehouses, biotechnology, research and development facilities and a recycling facility. A gas production plant, natural gas storage and other utilities account for another 103 acres of land in industrial use. Mixed Uses Hopkinton has a relatively small number of properties with multiple uses, such as housing units with an associated business or commercial buildings with upper floor apartments. There are 27 properties with a mix of residential and commercial uses, most of which are a single family home with an attached business or professional office: larger than home occupations and operating in residential neighborhoods, mainly as nonconforming uses. Other properties in the mixed-use inventory include commercial buildings with apartments, a separate residence or a small industrial use on the same parcel. Hopkinton’s mixed-use properties tend to be old and well-established, for most of the buildings date to the late 19th century. Although limited in number, these properties comprise a recognizable part of the land use pattern in areas such as Hayden Rowe, Wood Street and portions of Main Street. Institutional Uses As a small suburb, Hopkinton does not have large amounts of land devoted to institutional uses: schools, colleges or universities, libraries, museums, churches, hospitals or nursing homes, non- profit charitable organizations, cemeteries, or government buildings. For the most part, institutional uses in Hopkinton consist of schools, churches and a limited number of non-profit services. Approximately 320 acres of land are used for public and private educational uses, 76 acres for religious uses, 33 acres for cemeteries, and another 127 acres for various municipal uses, non-profit cultural organizations, and supportive housing. Many of the institutional uses, 11 notably the public schools, include land used for other purposes such as outdoor recreation facilities. In 2015, a plan was approved that would allow 20 acres of a 57 acre parcel of former agricultural land to be reutilized as a solar photovoltaic farm. There are plans for future solar projects in Hopkinton in the future. Open Land Open land refers to undeveloped parcels in private or public ownership, including land used for conservation, parks and recreation purposes, and future town or school facilities. Today, Hopkinton has 8,789 acres of open land, of which approximately 4,896 acres are privately owned and potentially available for development. Although many parcels have development potential, other parcels are constrained by covenants or deed restrictions, inadequate or no access, wetlands, or soils unsuitable for development, and these conditions limit the probability of a change in use or simply prohibit it. It is important to note that open land is not the only land available for development because large parcels with a residence and enough land for further subdivision may also generate growth in the future.  Chapter 61, 61A and 61B. About 1,030 acres of Hopkinton’s open land consists of land under Chapter 61, 61A or 61B agreements and related large parcels that include the home or business of the property owner. Virtually all of the Chapter 61, 61A or 61B inventory in Hopkinton is zoned for residential development. The amount of land in this category has decreased dramatically with the withdrawal of most of the Weston Nurseries land from the Chapter 61A program. In 2006, the Town had over 2,000 acres in this category.  Vacant Residential Land. Hopkinton has 2,659 acres of vacant, privately owned land zoned for residential use. About half of the acres in these parcels have severe development constraints.  Vacant Commercial & Industrial Land. Hopkinton has about 183 acres of vacant land zoned for commercial and industrial use. Most of the remaining vacant land is in the industrial districts (45 acres), Neighborhood Mixed Use District (56 acres) and office districts (74 acres). The commercial districts are small, and there only a small percentage of them are vacant. These are areas where redevelopment is more of a possibility. Some of the industrial, professional office and office park zoned land has limited use potential due to wetlands, access or other constraints.  Public Open Space. The Town of Hopkinton, state agencies and non-profit land trusts own a considerable inventory of open land that is protected from future development, or very unlikely to be developed due to the public purposes for which the land was originally acquired. In addition to land used for schools and municipal facilities (institutional uses), the Town owns approximately 1,323 acres of open land, much of it perpetually restricted for conservation and open space, and about 20% of it restricted to protect existing or future drinking water supplies. Land acquired for public water supplies remains protected from development unless or until the wells are permanently decommissioned. 12  The Towns of Ashland and Upton collectively own 31 acres in Hopkinton: Ashland, for water supply purposes and Upton, for conservation land (Peppercorn Hill).  The Commonwealth of Massachusetts owns more than 2,500 acres of permanently protected, state-owned open space in Hopkinton, mainly in two areas: Whitehall State Park around Lake Whitehall and the Hopkinton State Park adjacent to the Hopkinton Reservoir. These properties are managed by the Department of Conservation and Recreation (DCR).  Land Trusts. Conservation organizations such as the Massachusetts Audubon Society, Sudbury Valley Trustees and the Hopkinton Area Land Trust (HALT) own about 400 acres of land in Hopkinton for conservation and open space purposes.  Common Open Space. There are 955 acres of common open space in private developments, nearly all created under the Open Space and Landscape Preservation Development (OSLPD) bylaw. In fact, open land preserved as a direct result of new development increased by 295% from 1992-1998 and another 48% from 1998-2004. In many cases, these parcels are owned and managed by HALT, while homeowners associations manage other parcels. LAND USE REGULATION Zoning Hopkinton has twelve zoning districts at the present time (Map ___). About 67% of the Town is in the Agricultural District, a traditional, large-lot residential zone, and 28% in the Residence A, Residence B and Residence Lake Front Districts combined, where smaller minimum lot sizes tend to reflect development patterns already in place when Hopkinton adopted zoning. The remaining 5% is in the Business, Downtown Business, Rural Business, Industrial A and B, Office Park, Professional Office and Neighborhood Mixed Use Districts combined. Hopkinton also has four zoning overlay districts: The Floodplain District, the Hotel Overlay District, the Water Resources Protection Overlay District (WRPOD) and the Open Space Mixed Use Development (OSMUD) Overlay District. The Floodplain district covers areas within the 100- year flood plain as determined by the Federal Emergency Management Agency (FEMA). The WRPOD covers the Zones I, II and III contributory to all of the Town’s existing and permitted wells and Zones A, B and C around Echo Lake, one of Milford’s drinking water sources. It also includes the radii around condominium development water supplies and the entire Zone II and III for wells serving the Towns of Ashland and Holliston. Within each district, activities are regulated which could potentially harm drinking water supplies. The OSMUD Overlay District covers Legacy Farms, about 733 acres of former Weston Nurseries land. When built out, up to 233 acres of the District will be developed and a minimum of 500 acres preserved as open land. In Hopkinton, the Planning Board has authority to issue a Special Permit for alternatives to conventional single-family home development. In 1988, Town Meeting established the OSLPD bylaw to encourage “cluster” housing in layouts that preserve land as permanent open space. Owing to the Planning Board’s success at encouraging developers to apply for OSLPD permits instead of filing conventional subdivision plans, most developments built during the 1990s 13 included permanently protected open space. In 2000, Town Meeting changed the bylaw by making OSLPD a mandatory process unless the Planning Board agrees that a site is not suitable for OSLPD design. Hopkinton has allowed multi-family housing in all residential zoning districts since the early 1970s, beginning with the “Garden Apartments in Residential Districts” bylaw. This concept was adapted later to create a Senior Housing Development bylaw. Together, the Garden Apartments and Senior Housing bylaws have produced about 369 condominium units in Hopkinton (condominiums have also been produced through comprehensive permits). A similar theme led to the Campus Style Development bylaw, which promotes building clusters around urban and natural open space on larger sites in the Industrial A, Industrial B and Rural Business districts. These bylaws have been modified over the years in response to the Town’s housing needs, and the Senior Housing Development bylaw was repealed in 2016. Other Regulations The Planning Board, Board of Appeals, Conservation Commission, Board of Health, Design Review Board and the Historic District Commissions all have roles in reviewing and approving development in Hopkinton. Under the Zoning Bylaw, the Planning Board and Board of Appeals have authority to issue special permits, and the Massachusetts Subdivision Control Law gives the Planning Board jurisdiction over any division or subdivision of land. The Massachusetts Wetlands Protection Act (G.L. c.131, Section 40) and the Hopkinton Wetlands Protection Bylaw, both administered by the Hopkinton Conservation Commission, help to protect wetland resources from adverse effects of new development. By law, the Hopkinton Board of Health has authority to review, approve or disapprove on-site wastewater disposal systems, not only as administrators of Title V of the Massachusetts Environmental Code, but also through its own wastewater regulations. Hopkinton also has a Stormwater Management bylaw which is administered by the Planning Board. The Design Review Board conducts advisory reviews of all Site Plan submittals to the Planning Board. Site Plans are submitted for non-residential projects, but the Board also reviews all site plans submitted in the OSMUD district, whether residential or commercial. The Board meets with the proponents and reviews the design, landscaping and site planning, using its adopted Design Guidelines and the Zoning Bylaw provisions as guidance. The Board works with the applicant to achieve a site design that meets the vision of the Town in the particular area. The Board provides advisory recommendations to the applicant and to the Planning Board. Th e Design Review Board also reviews applications for permanent signs. Finally, Hopkinton has two local historic districts: the Hopkinton Center Historic District and the Woodville Historic District. In these areas, construction activity affecting the exterior of buildings and structures is subject to review and approval by the appropriate Historic District Commission. 14 LAND USE CHANGE Measured by population growth, Hopkinton has ranked among the state’s most rapidly growing towns for more than 20 years. It joined a handful of Middlesex County communities that had a higher population growth rate during the 1990s than in the decade following World War II, yet all of the other communities are cities that lost population to the suburbs after 1950: Everett, Cambridge, Malden, Lowell and Somerville. Compared to surrounding towns, Hopkinton has absorbed a large share of the region’s incoming population and not surprisingly, the Town’s population growth runs parallel to a large amount of new residential development. Land use change can be measured in parcel acres by class of use or by acres covered by various uses. Land coverage is a more accurate way of representing what people see on the ground or in aerial photographs. It also has the advantage of being measurable over a long period of time, for land coverage records dating to 1971 have been digitized and interpreted according to a consistent land use classification scheme. Moreover, land coverage can be reported regionally, which helps to place local land use patterns and land use change in a larger geographic context. The disadvantage is that since land coverage statistics depend on periodic flyovers of the entire state, the most recent data reflect conditions visible from the air in 2005. In Hopkinton’s region, Framingham is the only community that experienced relatively few land use changes from 1971-1999, and this is because Framingham has been a maturely developed economic center for many years. However, growth has extended throughout the region over the past four decades, mainly in the form of new low-density housing development and to a lesser extent, new industrial development. In Hopkinton, more than 2,700 acres of forest-covered or agricultural land were converted to homes and 182 acres to industry, largely responding to the completion of I-495. The effects of regional highway construction can also be seen in Westborough and Milford, and in communities served by interconnecting roadways, such as Ashland and Holliston. The rate of growth and development slowed after 2005 due to the economic downturn, but has increased since 2012. 15 Land Use Change – Percent of All Land 1974 1992 1998 2007 2015 Residential 14% 28% 32% 33% 38% Commercial 8% 1% 1% 1% 1% Industrial 0.50% 6% 4% 4% 4% Agriculture 8% 9% 7% 6% 2% Vacant 46% 33% 31% 19% 18% Protected Open Space 13% 13% 20% 24% 28% Other 10.5% 10% 5% 13% 9% Hopkinton has clearly absorbed a considerable amount of new development since the early 1970s. The vast majority of this growth has replaced forest covered land with low-density housing. By 1999, however, the Town had lost a larger percentage of its 1971 agricultural land than forested land – and in 1971, Hopkinton had lost 41% of the agricultural land that existed in 1951. These local statistics mirror the decline in farming statewide, which can be traced to the acceleration of suburban development after World War II. Additional losses occurred when much of Weston Nurseries was sold for development. Residential development is not the only land use change that has occurred in Hopkinton. The Town has also built new schools and recreation facilities to accommodate population growth, and nearly all of the industrial development that exists off South Street today has been constructed since the early 1970s. FUTURE DEVELOPMENT POTENTIAL Several years ago, the Massachusetts Executive Office of Environmental Affairs (EOEA) commissioned studies to determine the future build-out potential of every city and town in the state. The studies used Geographic Information System (GIS) technology to identify developed land and absolute constraints on new development, estimate the available land supply, and calculate how much development could occur under a community’s current zoning regulations. According to EOEA’s analysis, Hopkinton had 7,614 acres of potentially developable land in 1999. The build-out analysis concluded that if all of the land were developed under present zoning, Hopkinton’s population would reach a maximum of 18,350 people. It also estimated new-growth impacts of 1,671 additional (new) K-12 students, 2,785 additional housing units, 47 additional road miles, 4,846,298 sq. ft. of additional commercial and industrial floor area, additional residential water demand of 568,090 gallons per day (gpd) and additional commercial and industrial demand of 363,472 per day (gpd). Since then, more than 1,000 acres have been developed or preserved as permanent open space, and the Town’s population has increased from 13,346 (Census 2000) to 14,925 (Census 2010). Significantly, school enrollment steadily increased to a peak of 3,462 students in 2009-2010. Since this peak, enrollment has remained consistent with 3,462 students in 2014-2015 and 3,459 students in 2015-2016. The changes generally track population growth – rapid growth which then slowed down, and a general aging 16 of the population since 2000 countered by growth in new housing units. Total enrollment is predicted to decline slowly over the next 10 years. Vacant Land by Zoning District Zoning District Total Acres % Total Acres in Zone Acres Undeveloped In % Residence A 678.98 4.1% 120.9 18.0% Residence B 3,580.69 21.9% 1,618.15 45.2% Residence Lake Front 277.02 1.7% 66.77 24.1% Agricultural 10,989.07 67.2% 6,768.3 61.6% Business 17.38 0.1% 0 0% Downtown Business 55.5 0.3% 0.93 2.0% Rural Business 35.34 0.2% 6.71 19.0% Industrial A 379.43 2.3% 28.43 7.5% Industrial B 142.85 0.9% 40.83 28.6% Professional Office 85.20 0.5% 55.00 64.6% Office Park 25.99 0.2% 25.99 100% Neighborhood Mixed Use 95.99 0.6% 56.28 58.6% ISSUES & OPPORTUNITIES Legacy Farms For many years, Hopkinton’s largest private landowner, Weston Nurseries, owed more than 1,000 acres of agricultural-horticultural land in East Hopkinton. In 2007 more than 700 acres was sold to Mezitt Agricultural Corp./Legacy Farms, LLC for development purposes and the operation downsized. Since the property was under Chapter 61A agreements, the Town had a right of first refusal to purchase the land before it was sold. Given the implications of a large amount of new development in East Hopkinton, the Board of Selectmen created a Land Use Study Committee in 2005 to explore the Town’s options and generally address other properties under Chapter 61, 61A or 61B agreement. Town Meeting subsequently voted to fund an East Hopkinton Master Plan, which was completed by Sasaki Associates under the direction of the Planning Board. The award-winning plan outlined the development and preservation options for the Weston Nurseries property and other large undeveloped land in East Hopkinton, and provided a fiscal analysis of development scenarios. Two additional studies of the Weston Nurseries property were completed in 2006. The Metropolitan Area Planning Council (MAPC) examined redevelopment possibilities for the Weston Nurseries land and prepared an analysis of regional impacts (Hopkinton, Ashland and Southborough). In addition, MIT graduate students prepared a site analysis and reuse options as part of a field project directed by Dr. Eran Ben- Joseph. The Town did not vote to exercise its right of first refusal, and the property was sold. The Town’s goal was to work cooperatively with the developer, Legacy Farms, LLC, to craft zoning for the land that carried out the concepts contained in the East Hopkinton Master Plan. The OSMUD Overlay District was adopted by Town Meeting in 2008 and furthers the shared vision 17 for the property. A minimum of 500 acres of permanent open land will be created, along with up to 1,120 housing units and 250,000 sq. ft. of commercial space, at the conclusion of a 10 to 15 year buildout. As of October, 2016, the status of development permitting was as follows:  The Planning Board issued a Master Plan Special Permit for the project in 2010.  A definitive subdivision plan was approved by the Planning Board in 2011, which laid out a new road (Legacy Farms South) between East Main Street and Clinton Street.  The Site Plan for the Southwest Village development project was approved by the Planning Board in 2011. It contains 240 apartment units.  The Site Plan for the Private Wastewater Treatment Facility was approved by the Planning Board in 2012 for land on Clinton Street.  The Planning Board approved a Site Plan for the East Main, Southeast and Southwest Villages development project in 2012. The project contains 260 simplex and duplex dwelling units and 15 single family homes.  The Planning Board approved the definitive subdivision plan for the new road between East Main Street and Wilson Street (Legacy Farms North) in 2012.  The Planning Board approved a Site Plan for a 127-suite Hopkinton Retirement Residence at 132 East Main Street in 2014.  The Site Plan for the North Club, Northeast, and Northwest Villages was approved by the Planning Board in 2016. This project will contain 201 simplex units and 224 multifamily attached units. Each of the Development Projects must conform to the adopted Design Guidelines and the provisions of the Master Plan Special Permit. Over 265 acres of Restricted Land (i.e. open land) was placed under covenant as of October, 2016. The Master Plan Special Permit issued by the Planning Board and the Host Community Agreement between the Town and developer has resulted in several off-site improvements and other mitigation, including constructing a sidewalk on East Main St. between Ray Street and Legacy Farms, leveling a portion of East Main Street, Rt. 135/Rt. 85 intersection improvements, a donation to the Affordable Housing Trust Fund, funds for re-striping the Main St./Hayden Rowe intersection, and the installation of the Alprilla Farm well and conveyance to the Town for municipal water supply. Issues for the future relate to the commercial component of the project, and whether it will ultimately be viable. A key piece of the Master Plan for the community is the Village Center, to be located on the north side of Rte. 135. This is yet to be planned and built. Fruit Street Property In 2004, Hopkinton purchased 257 acres on Fruit Street for water supply and other public purposes. The Town is implementing a Master Plan Environmental Impact Report (EIR) that determined the amount of development that can occur on the property and where it would be located. The property was planned for the following municipal uses: water supply, wastewater treatment facility, active and passive recreation, a school, affordable housing and a DPW facility. The Town has installed new water supply wells, and constructed a wastewater treatment facility and new athletic fields. Athletic fields existing when the Town purchased the property also remain in use. The passive open space area is permanently protected by a Conservation 18 Restriction (CR), which was granted to Sudbury Valley Trustees. The CR covers 145 acres, 46.5 acres of which surrounds the drinking water supply. The Planning Board appointed a Fruit Street Subcommittee to examine whether there should be any changes to the master plan for the property, which was approved in 2003, because of the passage of time and changing needs of the community. The Subcommittee discussed the Town’s needs for the future and current utilization of the property with the various stakeholders. The Subcommittee issued a report in 2015 and recommended changes to the master plan. The revised master plan was adopted by the 2015 annual town meeting, and is shown in Appendix ___. Growth in the Town’s active recreation needs and changing plans for the location of a DPW facility and a school resulted in a shift of land areas designated for certain uses. For example, while the plan no longer shows a location for a future school, there is a 31 acre undesignated area which fronts on Fruit Street which can accommodate such future needs. The master plan also shows areas set aside for future wastewater treatment discharge, which were identified when the earlier plan was prepared but are now shown on the master plan. New Town Property At the 2015 annual town meeting, the Town voted to purchase 93 acres of land, consisting of the Pratt Farm, Irvine property and the Todaro property. The land was acquired, and two committees have been formed to plan uses for the property. It is anticipated that uses such including a water supply well (Pratt), Scout House (Pratt), and new elementary school (Irvine) will be developed, and the additional land will be important in meeting future municipal needs. LAND USE GOALS  Coordinate Town services to keep pace with development.  Protect critical natural resources.  Encourage commercial and industrial uses that are compatible with surrounding neighborhoods and Hopkinton’s community character.  Monitor the Town’s land use regulations to facilitate desirable growth, including encouragement of private redevelopment of property in the Industrial Districts and the downtown area. Action Plan 1. Evaluate land to find areas that might be especially suited to preservation or municipal use, and work toward preservation and/or acquisition as needed. 2. Complete and present Master Plans for the Pratt, Irvine, and Todaro properties to Town Meeting. 3. Encourage site development which follows the natural features and contours of the land and minimizes disturbance to the natural environment:  Minimize visual impacts: avoid placing structures in open fields or on ridge lines and locate residences adjacent to tree lines and wooded field edges. 19  Retain rural features: incorporate existing farm or cart roads into subdivision designs, preserve stone walls and mature trees, preserve as much as possible old homes, barns and other rural structures.  Minimize site disturbance: roads should follow existing contours and avoid boulevard or straight entrances, require more open space in conventional developments and minimize disturbances on individual lots.  Ensure that future development, especially in the vicinity of Lake Maspenock, Echo Lake, Hopkinton Reservoir and Lake Whitehall, is appropriate and environmentally responsible. 4. Review and update the Hopkinton Zoning Bylaw periodically to ensure its functionality, clarity and purposefulness for implementing the Master Plan. 5. Require annual evaluation by the Land Use Department and Zoning Advisory Committee of Hopkinton’s zoning to ensure that it facilitates growth that is consistent with the Master Plan, and encourages private redevelopment of the Industrial Districts and the downtown area. 6. Limit commercial “creep” between I-495 and the West Main Street/Wood Street intersection, between downtown and Legacy Farms, and between Legacy Farms and Ashland. It is important to maintain a separation between Hopkinton’s business nodes to avoid strip development, allow each area to have a distinctive character, and protect residential neighborhoods. 7. Implement downtown Main Street corridor improvements, including roadway improvements, bike lanes and beautification. Bury utility lines to facilitate sidewalk and parking improvements, street tree planting and landscaping. Provide centralized stormwater collection infrastructure to allow for buildout under current zoning requirements, which is presently limited by the need to provide for stormwater management on-site. 8. Discontinue unconstructed paper streets where possible. 20 Natural, Cultural and Open Space Resources The Natural, Cultural & Open Space Resources element of the Master Plan addresses three related planning issues: environmental quality, historic preservation and open space. In Hopkinton, these issues play a crucial role in defining the Town’s rural-residential character and the quality of life that residents enjoy. Open space and water resources supply context for many of the historic homes and agricultural outbuildings that remain today, and provide outstanding recreational opportunities. HOPKINTON TODAY The Planning Board adopted an Open Space and Recreation Plan (OSRP) in 2013, which has been approved by the Mass. Dept. of Conservation and Recreation. The OSRP should be the reference for detailed information about open space and recreation land and uses, and water supply protection. The OSRP provides an action agenda to accomplish the following goals:  Preserve and enhance the Town’s natural resources, in particular, open space, wetlands and wildlife habitat.  Provide a balanced recreation program that meets the growing needs of the community.  Ensure the protection of water resources. Hopkinton has experienced continued housing and population growth since the early 1990’s which has changed, and will continue to change, the ways in which residents experience and interact with our natural, cultural and open space resources. It also changes the resources that are available – while vacant land has been developed, more permanently preserved open space available to the public has been created. Changes in the demographic makeup of the Town are also important – as our population ages, the needs of residents may change over time. Water Resources Watersheds. Hopkinton’s 27.85 square-mile area lies within three major watersheds. As shown in Map ___, about 75% of the Town is in the Concord River watershed, which includes many subwatersheds or smaller drainage basins for tributaries such as the Sudbury River, which runs along Hopkinton’s northern boundary. The rest of Hopkinton is divided in roughly equal proportions by the Charles River and Blackstone River watersheds. The Charles River watershed encompasses 35 cities and towns, from the river’s headwaters in Hopkinton to Boston In 2025, Hopkinton has protected additional lands for ensuring water quality, and for active and passive open space; created more recreational opportunities for a variety of age groups; and conserved additional natural resources and view sheds that help define the rural quality that is characteristic of much of the town. 21 and Cambridge, where it discharges into Massachusetts Bay. Lake Maspenock drains to the Blackstone River via the Mill River. Open Water. Hopkinton has four large man-made water bodies: Lake Whitehall and Lake Maspenock (North Pond), both classified as Great Ponds, along with Echo Lake and the Hopkinton Reservoir. Small ponds can be seen in other locations, notably Ice House Pond on West Main Street, Blood’s Pond between South Mill Street and North Mill Street, and Duck Pond on Saddle Hill Road. Approximately 6% of the Town’s total area consists of open water. Waterways. Rivers, streams and many small brooks form an intricate network throughout Hopkinton and contribute to the Town’s natural beauty. Whitehall Brook, which feeds the headwaters of the Sudbury River in the Westborough Cedar Swamp, was dammed in the late 1800’s to establish the Whitehall Reservoir (Lake Whitehall). Indian Brook runs generally through the geographic center of town and feeds the Hopkinton Reservoir. Other noteworthy streams include Cold Spring Brook, which feeds Blood’s Pond in the southeastern section of Hopkinton and the Ashland Reservoir; and Beaver Brook, which feeds the Charles River. In turn, these watercourses intersect with smaller streams and brooks all over town. Wetlands. Wetlands cover approximately 15% of Hopkinton’s land area. Along with their associated buffer zones and setbacks, wetlands directly influence more than 30% of the town. Deciduous forested swamps make up most of the wetlands in Hopkinton, but shrub swamps and pockets of deep swamp occur west and north of Lake Whitehall. In addition, Lake Whitehall contains floating islands formed from sphagnum moss. Loosely tethered to the lake bottom in shallow areas, these islands contain a vegetation community similar to that found in quaking bogs. According to the Natural Heritage and Endangered Species Program (NHESP), Hopkinton has 24 certified vernal pools and many more potential (estimated) vernal pools that have not been certified. A vernal pool is a temporary woodland pond that holds water for a few months during the spring or summer and dries up for the rest of the year. Since it cannot support adult fish populations, the vernal pool provides essential breeding and habitat area for certain amphibians, reptiles and other species. Aquifers. Hopkinton depends almost entirely on groundwater for its drinking water supply, but the Town does not have an extensive system of aquifers, and the known aquifers are neither large nor particularly high-yield except for an area around Fruit Street. Of the 902 acres of identified aquifers in Hopkinton, nearly 75% are medium-yield, or capable of supplying 100-300 gallons per minute (gpm). Public Water Supplies. Hopkinton provides drinking water to residents and businesses from eight public supply wells: four on Fruit Street, two off Charles McIntyre Lane and Donna Pass and two off Alprilla Farm Road. Hopkinton also receives water from the Ashland regional treatment plant just over the town line on Wilson Street, of which 1/6 was paid for by Hopkinton. Echo Lake is a surface water supply serving Milford. In addition to the lake itself, virtually all of its watershed and tributaries are located in Hopkinton. Ashland’s Zone II and III, and Holliston’s Zone III extend into Hopkinton. In 2013, there were 3,100 water service connections, 71 miles of water main, and 383,000,000 gallons of water was produced and 22 delivered to customers. The amount of water produced and delivered has increased by 70,967,000 gallons since 2003. Water Quality. The Massachusetts Department of Environmental Protection (DEP) is responsible for monitoring water quality throughout the state and submitting periodic reports to the federal government under Sections 303(d) and 305(b) of the Clean Water Act. The latest report was in 2012. Map ___ shows that DEP has classified several water bodies, streams and brooks in Hopkinton as “Category 5” impaired waters under Section 303(d). A “Category 5” water quality rating means the affected water body is already impaired or seriously threatened and requires a “Total Maximum Daily Load” (TMDL) determination, or an analysis of the maximum amount of pollutants the water can receive without violating water quality standards. Hopkinton’s Category 5 waters include:  Lake Whitehall  Hopkinton Reservoir  Sudbury River (Fruit St. bridge, south to Framingham Reservoir #2) Indian Brook, Whitehall Brook and a portion of the Sudbury River are classified as Category 3 due to lack of sufficient assessment information. Echo Lake is classified as Category 4a due to the presence of mercury in fish tissue. Lake Whitehall and Hopkinton Reservoir have non native aquatic plants and dissolved oxygen concerns, and Lake Whitehall also has fish with mercury in the tissue and total phosphorus concerns. Several Charles River segments are sampled and assessed, but none in Hopkinton. Lake Maspenock is not assessed for this report. It is important to note that the impaired waters designation does not mean that the water body is “polluted”. The important thing is that the waters are likely affected by stormwater runoff with nutrients, which can affect characteristics such as aquatic plants and animal habitat, aesthetics, and the desirability of the water body for recreational uses. In 2025, Hopkinton continues to be a community that values art, cultural and community based institutions with an array of venues offering citizen centered activities and gathering spaces for cultural and artistic activities as well as other local and regional events. 23 Geology, Topography and Soils Geology. Hopkinton’s hills and valleys were largely formed by glacial activity that occurred more than 120,000 years ago. The glacier’s retreat 12,000 years ago left much of Hopkinton bedrock overlain by glacial till, or poorly- sorted material that includes sands, gravels, and rocks. Approximately 71% of the Town is composed of glacial till, which helps to explain Hopkinton’s poor farming conditions. Hopkinton’s bedrock consists almost entirely of granite, and ledge outcroppings can be seen everywhere. Along Pond St. and Lumber St. and in other areas, bedrock outcroppings exist as ledges and sheer cliffs. Much of the Town’s undeveloped land is hilly, with a significant amount of ledge and very little flat land. Topography. Hopkinton’s topography descends sharply toward the lakes and reservoirs, supporting a diverse landscape of rolling hills, open fields and large wetland areas that render portions of Hopkinton unbuildable. The Town’s highest elevation reaches 590 feet above mean sea level (MSL), and its lowest point, about 250 feet above MSL. The east and northern sections of Town are generally lower in elevation than the central and southern sections. Hopkinton’s overall elevation is the highest in southern Middlesex County. Soils. Hopkinton soils are sloping, thin and rocky. More than 50% of the Town is covered by the Hollis, Paxton, Canton and Scituate soil groupings. Mucks are found in wetlands and along waterways. Generally, Hopkinton’s soil is composed of rocky unsorted loam in deposits up to 38 inches thick, laid over hardpan. The soils are poorly sorted and not well suited for agriculture. Hardpan is firmly packed, fine loamy sand, and while the soil above the hardpan has good drainage characteristics, the underlying hardpan is much less permeable. Due to the thickness of the soil, the amount of water it can contain is limited. Vegetation Forests. Despite the amount of growth that has occurred in Hopkinton over the past 20 years, the Town remains predominantly forested. It’s southern New England hardwood forest is dense and consists primarily of red and white oak and white pine. The understory includes shrubs such as huckleberry, mountain laurel, sweet pepperbush, viburnums, and witch hazel, and herbs and vines such as wintergreen, Canada mayflower, partridge berry, wild sarsaparilla, ferns, ground pine, cat briar and wild grape. Many of the tree species in Hopkinton represent climax vegetation, or the ultimate vegetation the land will progress to absent a change in environmental conditions. For example, the white pine 24 stands will eventually evolve to typical northern hardwood habitat. There are a few hemlock stands located in cooler areas, such as protected valleys and southern slopes. New England’s largest certified Hemlock tree is located off Winter Street next to the Town Forest. There are two significant stands of northern white cedar: northwest of Hopkinton center in Cedar Swamp and Rice Swamp and southeast of Lake Whitehall. Plants. Hopkinton supports a variety of common plants and several uncommon plant species, including the Pink Lady Slipper, Jack-in-the-pulpit, Yellow Lady Slipper, Trillium, and Indian Pipe. Two rare or endangered plant species have been observed in Hopkinton: Dwarf Mistletoe, a state-listed species of special concern, and the endangered Vasey’s Pondweed. Both were found in the Lake Whitehall area. Wildlife Resources Priority Habitat. Hopkinton contains significant wildlife resource areas (Map ___). An extensive network of riparian corridors encompasses more than 2,200 acres of land, notably in association with Lake Whitehall, Indian Brook, Beaver Brook and Cold Spring Brook. NHESP has classified about 2,000 acres of land and water in Hopkinton as priority habitat for rare, endangered or threatened species. Approximately 90% of the priority habitat is also designated “core habitat”, or critical habitat areas needing a long-term protection strategy. Living Waters. A special state program focused on aquatic biodiversity, the Living Waters Program, recognizes all of Lake Whitehall as Living Waters Core Habitat and about 3,700 acres around the lake (extending into Westborough) as supporting watershed, i.e., areas with a high potential to enhance or degrade Living Waters habitat. In addition, portions of two Areas of Critical Environmental Concern (ACEC) extend into Hopkinton: the Westborough Cedar Swamp ACEC and the Miscoe-Warren-Whitehall Waters ACEC. Open Space Saving open space has been a long-standing priority in Hopkinton, and the results can be seen just about everywhere. Fields and forests draped across a rolling landscape define Hopkinton’s scenic beauty and provide many of the images people think of when they describe the “feel” of the Town. Open space supports wildlife habitat and mobility, protects the quality and supply of drinking water, and shelters streams and wetlands from adverse impacts of development. It also 25 contributes to the appearance of Hopkinton neighborhoods, for open space preserves a sense of rural identity in areas that have undergone rapid development. Unrestricted Open Land. In Hopkinton today, there are approximately 3,019 acres of privately owned open land with no deed restrictions or other legal mechanisms to prevent development. Another 697 acres are temporarily protected by Chapter 61, 61A or 61B agreements, which provide tax incentives for land retained in active agricultural, forest or recreational use. In East Hopkinton, the New England Laborers Training Center and YMCA hold 258 acres of open land that is unlikely to be developed, but neither property is permanently protected. Protected Land. Hopkinton also has a great deal of open space protected in perpetuity – that is, land owned by the Hopkinton Conservation Commission and Open Space Preservation Commission, or private non-profit land trusts, privately owned but subject to a conservation restriction, or state-owned for parkland or water supply purposes. For example, the Massachusetts Audubon Society, the Sudbury Valley Trustees and HALT own a combined total of 342 acres, and private homeowner associations own 302 acres created by the OSLPD bylaw. In addition, the state owns about 2,494 acres at Hopkinton State Park, Whitehall State Park and the Upton State Forest. The Town itself owns 1,404 acres for municipal and other uses, though not all of the land is protected in perpetuity. Since 1992, Hopkinton’s land holdings have increased significantly due to major purchases such as Elmwood Farm, Cameron Highlands and the Fruit Street property. The table below shows land that is permanently protected, temporarily protected and unprotected open land. There has been a marked reduction in land agricultural, recreation and forestry land 26 temporarily protected under Ch. 61, 61A and 61B. In most cases, the land has been developed, sometimes with an open space component – shifting some of the land from the forestry category, for example, to the homeowners association, HALT or municipal open space category. Change in Open Land Ownership, 1992 - 2014 Acres of Land % All Open Land Current Use or Owner 1992 2014 1992 2014 Commonwealth of Mass. 2,490 2,560 45% 45% Agricultural/Horticultural, including Ch. 61A 1,089 296 20% 5% Recreational, including Ch. 61B 609 311 11% 6% Municipal open space1 448 1,175 8% 21% Forestry Ch. 61 453 283 8% 5% N. E. Laborer’s Training Center 130 135 2% 2% YMCA 123 123 2% 2% Homeowners Associations 116 348 2% 6% Mass. Audubon Society 45 45 1% 1% Hopkinton Area Land Trust (HALT) 0 303 0% 5% Sudbury Valley Trustees 0 53 0% 1% TOTAL 5,503 5,632 1 Municipal includes 17 acres owned by the Town of Upton Conservation Commission Historic Preservation The buildings in Hopkinton express the stages of development that make up the Town’s history. Extant one and two-story dwellings from the 18th century reflect the moderate and utilitarian lifestyle of the early settlers. Many well-preserved examples from the Federal Period exhibit the Town’s growing affluence in the early 19th century. Several are of brick construction, and on East Main Street there are at least two fine examples of the use of local granite to build an entire building. The predominant style of Hopkinton’s historic homes dates to the mid-1800’s, with gable ends oriented to the street, defining modest 1 ½ story dwellings as well as in large, elaborate, templar gable-end Greek Revival and Italianate structures. There are presently 42 buildings in residential use that were built before 1800 and 389 that were built between 1800 and 1900. More than half of the homes that were built before 1900 were built between 1860 and 1899. As is the case with many New England towns, some early residents of Hopkinton settled in villages. In Hopkinton, there were three main villages: Hayden Row (in the area of the Hayden Rowe/Chestnut St. intersection), Woodville and the Center/downtown area. Each village had its own post office and fire department. In addition, there were smaller enclaves, including Claflinville/Four Corners (West Main St./Lumber St.), Keaneyville (Walker St./Proctor St.), Poseyville (Wood St./Elm St.) and Bear Hill (School St./West Main St.). 27 Building activity was sparse at the end of the 19th century when the Town’s industrial base and its growth rate declined, so only a few buildings date to the Queen Anne, Colonial Revival, and Early Modern Periods. Between the wars (1920-1945), summer cottages were built around Lake Maspenock and Lake Whitehall, but little new development occurred elsewhere. Since the early 1970’s, residential development has soared in Hopkinton and this can be seen in the variety of styles found in new subdivisions today. Hopkinton has taken several steps to protect its historic resources. Specifically, the Town has formed a Historical Commission, created two local historic districts, enacted a historic preservation (demolition delay) bylaw, included historic preservation within special permit criteria and development standards, added waiver provisions to site plan review bylaws to enable historic preservation, adopted the Community Preservation Act (CPA), and repaired historically significant public buildings. Access to CPA funds has allowed Hopkinton to invest in historic preservation to a degree seldom done before. Still, many historically important homes and businesses remain at risk. From 1998-2004, 33 homes built prior to 1940 were demolished and replaced with new structures. From 2005-2011, 16 homes built prior to 1940 were demolished, and 11 were demolished between 2012 and 2014. ISSUES Open space, historic preservation and resource protection are important to Hopkinton’s character and quality of life. Protecting open space, especially near lakes, streams, ponds and aquifers, helps to ensure clean, unpolluted sources of drinking water and unpolluted lakes, ponds and streams for hiking, boating and fishing. Changes in land use patterns from growth and development can dramatically alter a community’s appearance and the quality of its environment. Not as many large tracts of open land exist in Hopkinton today. In the future, it will be challenging for Hopkinton to harness the power of development to meet a growing community’s needs for places to live and work and simultaneously provide the resources to save its most important open space. The addition of new apartment complexes, condominium developments, new subdivisions and new commercial development is obvious to passers-by, and change the landscape. Over time they become part of the landscape that makes Hopkinton unique. The challenge is in defining what type of development the Town wants and making that happen, balanced with the need to preserve the core of Hopkinton’s character and open spaces. This is a continuous dialogue that doesn’t begin or end with this Master Plan, and in which all residents can be involved. 28 Just as loss of open land affects a community’s visual image and environmental quality, the gradual loss of older homes alters the view from the road and reduces its housing diversity. In Hopkinton, 26% of the housing stock is over 50 years old. Older homes contribute to the Town’s character and streetscape. In many built-out suburbs around Boston, older homes in deteriorating condition often attract investors seeking new development opportunities. As the supply of developable land declines in Hopkinton, the Town’s historic housing stock will be increasingly at risk. Protecting Hopkinton’s historic homes and character will be a continuing need. RESOURCE PROTECTION GOALS  Retain the rural and historic fabric of Hopkinton. Facilitate and encourage historic preservation.  Preserve and enhance large tracts of privately owned open land in agricultural, recreational, or undeveloped use.  Link public, private and semi-public open spaces together to form corridors for wetlands, wildlife and recreational uses and preserve wildlife corridors.  Document the Town’s natural resources and features and encourage responsible land planning. Action Plan 1. Improve public awareness of historically and architecturally significant structures through increased education, signage, publicity and events. 2. Increase awareness of the advantages of historic preservation, especially in the early stages of land planning, development review or improvements to public facilities. 3. Celebrate and commemorate the old villages of Hopkinton, including Woodville, Hayden Rowe and Claflinville. Erect monuments and markers and promote local history. 4. Examine incentives and alternate financing mechanisms to facilitate historic preservation. 5. Implement Town bylaws that encourage, require or reward the preservation of historic resources. 6. Use GIS resources for planning and resource management. Investigate “green printing” to identify areas of significance that should be acquired and/or preserved as open space. 7. Investigate new methods of development that will encourage protected open space on private land and limit the number of housing units that can be built. 8. Create a Wildlife Corridor Overlay District to protect and enhance important wildlife habitat areas. 9. Provide incentives for owners of large parcels to maintain their land as open space. Provide technical assistance and information about tax and other benefits that are available. Prioritize properties that residents value, such as the Hopkinton Country 29 Club, the fish and game clubs, the New England Laborers Training Center, state- owned land, and ecologically sensitive areas adjacent to Lake Maspenock, Lake Whitehall, and Hopkinton Reservoir. 10. Preserve land with partners. Work with organizations such as HALT, Massachusetts Audubon, The Trustees of Reservations, the Trust for Public Land and Sudbury Valley Trustees to protect and preserve agricultural and open land. 11. Implement the Town’s Open Space and Recreation Plan. 12. Maintain a dialogue with Chapter 61, 61A and 61B property owners and be prepared to act quickly if land is proposed for development. 13. Support Town boards and committees whose mission it is to obtain open space and conservation restrictions for the Town, and provide adequate funding resources for such efforts. 14. Protect the quality of surface water, groundwater and wetlands by ensuring that stormwater runoff is managed and is clean. 15. Create open space links and corridors, using tools such as OSLPD, land trusts, donations of land, and conservation easements. Prioritize pedestrian links between Whitehall State Park and the Upton State Forest, and between Whitehall State Park and the Town’s Fruit Street property. 16. Prohibit potentially harmful land uses within aquifer recharge areas and monitor the effectiveness of the Water Resources Protection Overlay District (WRPOD). Continue to update the WRPOD bylaw to match state regulations and protect new public water supply sources. 17. Investigate regulations and/or educational programs to protect water resources from excess nitrogen, nitrate-nitrogen, phosphates and viral discharge. Nitrogen and phosphates are two of the largest contributors to lake pollution and eutrophication (plant and algal growth) in Massachusetts lakes – usually associated with large septic systems and stormwater runoff. 18. Require aquifer recharge. Implement methods to recharge groundwater as land is developed, such as requiring that a percentage of a building lot retain natural ground cover, include paved areas in calculations of maximum lot coverage, and requiring on-site stormwater recharge. 30 Housing & Residential Development The Housing element of a master plan examines market trends, development regulations, the impact of housing policy on the social and economic make-up of a community, and housing needs that remain unmet by ordinary market forces. Many small towns and suburbs find it difficult to plan for future housing needs because residential development signifies loss of open space, population growth and rising costs of community services. Hopkinton is a very desirable place to live, and it is a particularly desirable place for families. Its land use regulations favor traditional single-family home development and the results are consistent with the Town’s image of itself. The Town has allowed other types of housing for more than 40 years, and from time to time the development pipeline diversifies. In the last ten years, major projects with rental apartments and large condominium components have comprised a significant portion of the forecast for 28% increase dwelling in dwelling units between 2010 and 2020. Hopkinton has met the State mandated goal for providing affordable housing. Market demand, land cost due to Hopkinton’s location, and the development challenges and cost associated with sewer and water infrastructure, ledge, steep slopes and wetlands also play a major role in determining what developers propose and how much housing is actually built in Hopkinton. HOPKINTON TODAY Few statistics provide more evidence of Hopkinton’s desirability than the sheer amount of residential development that has occurred since the late 1990’s. Hopkinton’s housing inventory increased by 10% from 1998-2004, and detached single family homes accounted for 97% of all new units. The number of units has increased by 16% since the 2007 Master Plan was adopted. Today, Hopkinton has a total of 5,879 housing units, 76% of which are single family homes. A 28% growth in the number of dwelling units between 2010 and 2020 is anticipated. Hopkinton’s housing growth since the early 1990’s to 2005 occurred primarily in subdivisions. Nearly all of the town’s subdivisions include open space by design, with homes grouped in clusters around the site. In February, 2016, seven subdivisions with a combined total of 94 lots were under construction in Hopkinton, plus Legacy Farms. The vast majority of the single family homes built in the late 1990’s and early 2000’s were within a subdivision under construction, but since 2005 most have been built on frontage lots or within older subdivisions that were completed but which retained vacant lots. Since 2005, the number and size of In 2025, Hopkinton is an energetic town with a variety of affordable community services that enrich the quality of community life for all residents from youth through seniors. 31 subdivision proposals have decreased, largely in response to the overall housing market decline around 2008 and because of a reduced land supply. The number of subdivision applications declined markedly after 2000. Excluding Legacy Farms, there were 38 applications to create 878 lots between 1991 and 1998, 14 applications to create 133 lots between 1999 and 2006, and 10 applications to create 65 lots from 2007 through 2015. The number of townhouse and multifamily dwellings changed very little for many years, but the Planning Board noted in the 2007 Master Plan that it had seen renewed interest in condominium development. This interest eventually resulted in several large condominium and apartment complexes that are now completed or under construction. While single-family homes still dominated the market, 262 multifamily ownership units were approved between January 2000 and December 2006. Since January, 2007, 532 multifamily rental units were approved, signaling another shift in the market. Twelve of the units are located at the Housing Authority, 240 units are at Legacy Farms, and 280 units are under construction at Hopkinton Mews on Lumber Street. All of the Housing Authority units are affordable, and 25% of the Legacy Farms and Hopkinton Mews apartments are affordable. Of the 1,120 units planned for Legacy Farms, 260 condominium units and 15 single family homes have been approved for the southern section, and are under construction. Permitting for the north side of Legacy Farms began in late 2015. While the desirability of single family homes has remained strong, the housing market in Hopkinton has greatly diversified in the last five years, responding to a demand for multi-family housing. HOUSING CHARACTERISTICS Location and Density Hopkinton’s history, topography, wetlands and water resources, and zoning policies have contributed to its varied residential development pattern. By zoning district, the highest-density housing is found in the Downtown Business District in Hopkinton Center and adjacent Residence A neighborhoods, where minimum lot sizes are lower. The density and lot coverage of the Residence Lake Front District is also very high. The small lots that were originally created for summer camps have mostly all been converted into year round housing, and many are being demolished and larger homes constructed. Not surprisingly, the Agricultural District has the lowest-density housing because it requires a larger minimum lot area (60,000 sq. ft.) than Hopkinton’s other residential zoning districts. A majority of the town’s land - about 67% - is in the Agricultural District. 0 50 100 150 200 19 9 5 19 9 6 19 9 7 19 9 8 19 9 9 20 0 0 20 0 1 20 0 2 20 0 3 20 0 4 20 0 5 20 0 6 20 0 7 20 0 8 20 0 9 20 1 0 20 1 1 20 1 2 20 1 3 20 1 4 20 1 5 Residential Building Permits Issued Single Family Multifamily 32 Overall density will increase as Legacy Farms is built out. In multifamily projects approved by the Planning Board and the Board of Appeals, density ranges from less than one unit per acre to 13 units per acre. Residential Dwelling Units by Zoning District – Building Permits issued thru 12/31/15 Type RA RB* RLF A B BD BR IA & IB P, OP & NMU Total Detached single family home 685 1,230 429 2,036 0 33 10 1 0 4,424 with accessory apartment 10 22 14 22 0 2 0 0 0 70 Condominium/townhouse 66 440 4 207 0 0 0 0 0 717 Two-family home 68 34 2 10 0 8 0 0 0 122 Multi-family dwelling 97 257 0 0 3 130 0 0 0 487 Multiple homes on one parcel 0 8 8 2 0 0 0 0 0 18 Congregate residence 6 1 0 4 0 0 0 0 0 11 Total 932 1,992 457 2,281 3 173 9 1 0 5,849 * Includes units within the OSMUD Overlay District (Legacy Farms) Age, Structural Features & Values The effects of new growth can be seen in the age distribution of Hopkinton’s homes. More than half of the town’s single family homes were built between 1980 and 2015, mainly in the more rural areas south and west of Lake Whitehall and east of I-495 along the southern end of town. About 27% of the town’s single family homes are more than 50 years old, including 433 homes built before 1900 and 51 that pre-date 1800. In 1989, Hopkinton completed a comprehensive historic resources survey that describes the historical and architectural significance of its older homes. About 200 new single family homes have been constructed since the 2007 Master Plan was adopted. Statistics from the assessor’s office reinforce what is visually obvious from the road: Hopkinton’s new single family homes are larger and equipped with more amenities than most of its older housing stock. Of the 4,369 single family homes on the tax rolls in 2015, 25% were built from 1990-1999, 12% were built from 2000-2009, and 3% were built between 2010 and 2014. However, this 40% of all housing units represented generated 58% of the town’s single In 2025, Hopkinton continues to be recognized and respected for its excellent education system. The Town carries on its long tradition of support for the people and facilities that are the foundation for its educational distinction. 33 family home values. The average home constructed in the 1990’s has 8.8 rooms and 2.4 baths, and the average home constructed in the 2000’s has an average of 9.1 rooms and 2.9 baths. The homes constructed from 2010 to 2014 have fewer rooms (7.8) and an average of 2.6 baths. The homes constructed in the 1970’s and 1980’s have an average of 8.1 rooms and 2.1 baths, which may include additions and renovations made since original construction. Housing Value Hopkinton’s housing generally maintained its value during the last economic recession and is increasing again. This is in part due to the desirability of Hopkinton as a place to live, because of its key location and the quality of the school system. HOUSING OPTIONS Affordable Housing A state law passed in 1969 requires all cities and towns to provide their regional fair share of housing for low- and moderate-income people. When less than 10% of a community’s housing is affordable under the comprehensive permit law (G.L. c.40B, ss 20-23, or Chapter 40B), developers proposing to build low- or moderate-income housing may seek waivers from zoning and other local regulations in order to make their projects financially feasible. Hopkinton currently has 720 units on the official Chapter 40B Subsidized Housing Inventory, or 14.15% of its Census 2010 year-round housing units (5,087). These units represent a 595-unit increase since 2004, when the town completed an affordable housing plan. In 2004, local officials recognized that Hopkinton needed more affordable housing and saw affordability as a major priority for the town. High-growth communities like Hopkinton face tough challenges when it comes to increasing the supply of affordable homeownership and rental units: high land values, difficult-to-develop land, and limited access to adequate utilities (mainly sewer service) serve as real constraints. When the 2007 Master Plan was adopted, Hopkinton needed 327 more affordable housing units on the Subsidized Housing Inventory to reach the 10% goal. Due to projects approved via comprehensive permit and through local zoning, the Town exceeded the 10% goal in 2015, and it is anticipated that the Town will still be over 10% at the 2020 census. We are pleased that we have met our affordable housing goal, which allows Hopkinton to have more control over what is built. The Town can now craft zoning bylaws and policies that are geared to continuing to meet the 10% goal beyond the 2030 census. $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Year Average Sales Price Single family Condo/townhouse 34 The Hopkinton Housing Authority (HHA) owns and manages rental housing for low-income families, the elderly and persons with disabilities, and provides Section 8 vouchers to low- income tenants in private housing. The HHA constructed 12 family housing units (Mayhew Court) in 2010 on land next to the Senior Center, 6 two-bedroom and 6 three-bedroom units, funded in part by CPA funds. In 2015 there were 35 families on the waiting list for 6 two and three bedroom family units at the HHA, 159 on the waiting list for 92 elderly housing units (12% are Hopkinton residents), and 12 on the waiting list for the 12 two and three bedroom units at Mayhew Court. Age-Restricted Housing Age-restricted housing for “over-55” households has gained popularity throughout the Boston metropolitan area since the mid-1990s. In Hopkinton, the Planning Board approved one over-55 development under the Senior Housing Development Bylaw, and comprehensive permits were issued for two mixed-income over-55 developments. In February, 2016, there were 87 age- restricted housing units within two developments, and the age-restrictions had been removed from one of the comprehensive permit projects due to the lack of market demand. The developer of the Legacy Farms project intends to construct at least 180 age-restricted units, which will significantly increase the inventory of such housing. In the long term, the Town is concerned that Federal laws preventing housing discrimination may be interpreted in such a way that the Town can no longer enforce age-restricted housing without host community agreements. Another concern is the long-term viability of age-restricted housing as the baby-boomers pass through the housing system, and not enough new eligible buyers may not be found for the deed- restricted units. Multi-Family Housing Unlike many small towns, Hopkinton chose years ago to adopt zoning that provides for a mix of homes. For example, multi-family housing is allowed by special permit in all residential zoning districts, and Hopkinton also allows conversions of older homes to multi-unit buildings. Hopkinton’s long-standing commitment to housing diversity can be seen in these zoning bylaws: Garden Apartments (1970): The Planning Board may grant a special permit to develop multi- family housing on sites with 10-30 acres of useable land. Density is controlled by a maximum of eight bedrooms per acre, which effectively caps the density at four units per acre (2 bedrooms per unit). At least 30% of the site must be preserved as open space. Although the bylaw is called “Garden Apartments”, all of the developments have produced for-sale (condominium) units. The bylaw was adopted shortly after Chapter 40B was adopted, in order to give developers an alternative to comprehensive permit applications and to serve an identified housing need. The bylaw was modified in 2016 such that a special permit may not be granted if the Town is below the Chapter 40B 10% affordable housing goal. Conversions of Residential Property (1991): Existing residences may be converted to multi- family rental units by special permit, with up to a maximum of four units. Accessory Family Dwelling Unit (1993): Accessory family dwelling units (sometimes known as “accessory apartments”) are allowed inside a single family home, and they must be occupied 35 by a family member or a person 60 years old or older. The size of an accessory unit is capped at 800 square feet. Duplexes (2003): This bylaw allows duplexes in the A, RA and RB districts by special permit, provided that one of the units is affordable and protected by deed restriction in perpetuity. Senior Housing Development (1999): Much like the Garden Apartment bylaw, the Senior Housing bylaw allowed housing to be built on parcels of 10-30 useable acres at an average density of eight bedrooms per acre, with 30% of the site held as open space, by special permit. Unlike Garden Apartment developments, Senior Housing developments were designed to allow for a larger percentage of stand-alone single-family units in addition to multi-family units. All units were age-restricted, i.e. at least one of the owners must be 55+. One development was permitted and constructed under the bylaw, which was repealed in 2016. Village Housing Development (2004): This bylaw allows the Planning Board to grant a special permit for affordable housing on 5-20 acres of useable land. The maximum density is 10 units per acre; the maximum unit size, three bedrooms; and the minimum open space requirement, 15% of the site. All Village Housing units must be eligible for the Subsidized Housing Inventory and remain affordable in perpetuity. A special permit cannot be granted unless the Town is below the 10% affordable housing goal and a Host Community Agreement has been negotiated with the developer. Flexible Community Development Bylaw (2007): This bylaw, an “inclusionary housing” bylaw, requires that every residential development of 10 or more dwelling units provide one affordable unit for every 10 units in the development. The affordable units may be located within the development or elsewhere in town, or an applicant may contribute funds to be used to create affordable housing units in lieu of providing the units. Four projects have been approved under the bylaw, and all four will provide funds in lieu of an affordable unit. 0% 20% 40% 60% 80% 100% 2007 2015 Dwelling Units by Type 2007 & 2015 Detached single family Detached single family with Acc. Apt. Condo/townhouse Two family Multifamily Multiple homes/one lot Congregate residence 36 Open Space Mixed Use Development Overlay District (OSMUD) (2008): Applicable to the 730± acre Legacy Farms development in East Hopkinton, this bylaw allows a maximum of 1,120 dwelling units, no more than 15 of which are single family dwellings. It also requires that 240 housing units be provided that are eligible for inclusion on the Subsidized Housing Inventory; 258 if 180 age-restricted units are constructed. Also required is no less than 500 acres of restricted (open) land. RECENT HOUSING INITIATIVES Despite the town’s efforts, Hopkinton historically had very few multi-family developments and a housing inventory with a limited mix of options. This changed in the mid-2000’s with two rental apartment projects and the condominiums at Legacy Farms. Virtually all new single family homes are beyond the reach of first-time homebuyers. The average sales price for newly constructed single family homes in 2015 was $936,358, versus an average price of $596,037 for existing single family homes. Site conditions such as topography and wetlands, along with wastewater disposal constraints, often make moderate-to higher-density housing, which may be more affordable, difficult to develop. The most obvious residential mix can be found in the seamless co-mingling of single family, two-family, and small multi-unit residences in Hopkinton’s older, traditional neighborhoods. Over the last 10-15 years, Hopkinton has pursued several initiatives to provide more housing choices in addition to the zoning bylaws listed above. Community Preservation. In a public-private partnership, Hopkinton used Community Preservation Act (CPA) revenue to relocate, modernize and enlarge a single-family house donated by EMC Corporation (“EMC House”). After receiving Department of Housing and Community Development (DHCD) approval of the EMC House as a Local Initiative Program (LIP) unit, Hopkinton sponsored a lottery and sold the home to an income-eligible family in 2004. A second project provided CPA revenue to assist the Hopkinton Housing Authority with constructing 6 duplexes (12 rental units) at Mayhew Court. The units have been constructed and are occupied. Preservation of Chapter 40B Units. Four of Hopkinton’s 19 affordable homeownership units at Pinecrest Village converted to market-rate housing upon resale because the deed restrictions were flawed, the town did not receive enough notice that the units were for sale, or DHCD did not exercise its right of first refusal to acquire units. Similar problems place 12 more units at risk 37 at the Pinecrest Village and Wood Hollow developments. The Town has worked with DHCD to address these issues and prevent the loss of other affordable units. As some Pinecrest Village units were offered for sale, DHCD subsidized the purchase price in order to make the unit more affordable to qualified buyers and to replace flawed deed riders when needed. One age-restricted unit at Sanctuary Lane was lost to the Inventory when no qualified buyer could be found for a re- sale. The unit was sold off the Inventory and the Town received the excess proceeds for deposit into the Affordable Housing Trust Fund. The preservation of affordable homeownership units is a significant concern. Meeting the Town’s affordable housing requirement with Hopkinton Housing Authority units or affordable apartment rental complexes is a better solution. Fruit Street Master Plan. In 2003, Hopkinton purchased 257 acres of land on Fruit Street. A Master Plan for the property calls for a variety of uses, including affordable housing on about 7 acres of the site. Hopkinton Affordable Housing Trust Fund. In 2009 the Town created the Hopkinton Affordable Housing Trust Fund pursuant to Mass. General Laws Ch. 44 sec. 53C. The purpose of the funds is to provide for the creation and preservation of affordable housing in Hopkinton for the benefit of low and moderate income households. In addition to revenues from excess proceeds as affordable units are sold off the Subsidized Housing Inventory, funding is also received from payments in lieu of providing affordable housing units pursuant to the Town’s Flexible Community Development Bylaw. ISSUES Cost of Community Services Impacts/Lower Price Range Housing Dilemma Hopkinton attracted so many new families during the 1990s that its under-18 population growth rate ranked third in the state. For towns that absorbed a large share of the state’s new housing, there were profound impacts on the cost of community services on one hand, and housing prices on the other hand. Although larger lot sizes could reduce future development, residents at the “Hopkinton at the Crossroads Forum” in 2005 recognized that “large lots drive up acquisition costs.” Still, they questioned promoting compact development to provide more affordability because “dense housing drives up service costs.” Since then, the Town has had to face these issues head-on with the development of Weston Nurseries. In the end, the Town decided to work with the developer to craft a revenue-neutral or revenue-positive development that addresses housing needs and provides housing at high densities, in return for open space and other community benefits. Legacy Farms has provided a revenue positive development as the bedroom count and types of units was limited for the entire project, thereby limiting the potential for school aged children and associated town services. However, although Legacy Farms and other projects provide affordable rental housing units, it does not address a continuing need for lower priced ownership units. Finding a market-based solution to this dilemma has been difficult. Hopkinton’s housing growth has been in part responsible for capital projects, such as land acquisition, downtown corridor roadway improvements, construction of a new DPW facility, Public Library expansion, and Center School replacement. The resulting increase in taxes due to capital projects adds to the difficulty of keeping housing affordable in Hopkinton. 38 Housing affordability is an important priority for this Master Plan. The Town’s existing zoning tools and other means of creating affordable housing, through new construction or conversion of existing market-rate homes to permanently affordable units, could help to address the desire for more rental options similar to that which existed in Hopkinton for many years: units in small, two- to four-family homes, which fit well with the architectural styles and scale of other development in established neighborhoods. Accessory Family Units A significant jump in accessory family dwelling units since the 2007 Master Plan, most of which accommodate elderly parents of the owners, may point to an increased need for such living accommodations. Although there are other options for housing, such as assisted living and retirement homes, living with family may be more desirable and affordable for Hopkinton’s elderly population. The Planning Board approved 127 units of retirement living at Legacy Farms on East Main Street, Golden Pond has expanded its assisted living units, and there are plans for additional expansion. More assisted living, nursing home and retirement home facilities are also being built in neighboring communities. Rapid Growth of Large Apartment Complexes and Large Condominium Projects The two new apartment complexes and the condominium units at Legacy Farms are significant portions of the growth the Town is experiencing. Residents and many town leaders are concerned with the impacts of rapid growth on traffic, schools and community services. Now that the 10% affordable housing goal has been achieved, the Town can better manage its future growth rate by restricting the zoning tools and options that were created to respond to the threat of Chapter 40B comprehensive permits. Keeping Track of Affordable Housing/Planning for Future Affordable Units Tracking all affordable housing units, projecting the number of dwelling units and the percentage of affordable units for the 2020 and 2030 censuses is critical moving forward. The Town needs to know when it may fall below the 10% requirement as early as possible, so that it can respond. At that time, the Town will need to reconvene the Housing Committee, task the Housing Authority to build more units, and/or work with private developers to create new affordable rental units. Affordable ownership units are more difficult to keep affordable over the long term and more labor intensive to monitor. Rental apartment projects are an easier way to increase the inventory because 100% of the units count as affordable as long as 25% of the units are actually affordable, and they are easier to monitor as long as a management company performs those duties. In addition, rental housing serves a local and regional need. HOUSING GOALS Hopkinton’s goal is to maintain the character of Hopkinton much as it is today, with a mix and balance of housing options. We wish to keep Hopkinton a very desirable place to live, in particular a desirable place for families. Hopkinton is building out already permitted rental units and major condominium projects that have allowed it to meet affordable housing requirements and diversify our housing options. For the near future it is the goal to emphasize traditional 39 single-family home development and a lower rate of growth in the overall number of dwelling units, while continuing to meet affordable housing requirements.  Monitor housing development and create new affordable rental housing when needed so that the Town remains above the 10% affordable housing goal.  Maintain a balanced housing stock, and modify the Zoning Bylaw as needed to guide future residential development.  Study ways to create lower priced dwellings for first time home buyers.  Develop formal policies relating to the development of back lots, the creation of dead end streets and the process for construction of paper streets. Action Plan 1. Use Community Preservation Act (CPA) funds and Affordable Housing Trust funds to create affordable rental units. 2. Study ways to create lower priced owner occupied dwellings for first time homebuyers, such as through a special permit process for smaller lots, possibly with limits on the number of bedrooms and subject to the availability of town water and sewer. 3. Encourage discussion of the impact of multi-family housing on the character of Hopkinton, to ensure that single family dwellings remain the predominant housing type. 4. Monitor the number of affordable housing units and the total number of dwelling units proposed and planned, and prepare projections for the number of housing units anticipated in 2020 and 2030. The Land Use Department should provide an annual report with projections to the Board of Selectmen, Planning Board, the Housing Authority and any other committees with a housing-related mission. 5. Increase the amount of permanent open space through continued use of OSLPD while investigating other means to mitigate or remediate the effects of development. 6. Review and improve or eliminate the Flexible Community Development Bylaw so that it works as intended. 7. Study and consider a new bylaw that allows affordable rental housing with a host community agreement, which would create such housing if the Town is below the 10% affordable housing goal. 8. Clarify that assisted living and retirement home uses will not include full kitchens so that they may not be counted as separate dwelling units in the U.S. census, or require that a percentage of the units must be affordable. 9. Reconvene the Housing Committee if the Town is in danger of falling below the 10% affordable housing goal at the next federal census. 40 Economic Development Economic development represents the ongoing efforts of a city or town to improve the well- being of its residents. Communities need a secure, diverse and growing economic base to provide employment opportunities for residents of all educational and age levels, to make goods and services available locally, and to help finance local government services such as public schools, public safety and public works. Often, “economic development” is used to describe commercial or industrial zoning or tax base expansion, but these concepts are not the same. Zoning without a shared understanding of the kind of economy a community wants to build may enable new business growth, but it does not automatically lead to an economy that improves the well-being of a local population. The purpose of a master plan’s Economic Development element is to plan for business, employment and tax base needs and guide local economic development initiatives. In Hopkinton, these initiatives should balance the desire for tax revenue with the residential character that residents value. While economic development through commercial and industrial growth is important to many residents, others are concerned with protecting the Town’s character – expressed in words such as “the feel of the town” and “the people factor”. Achieving balance between these objectives is one of the challenges that Hopkinton has faced in recent years, and will continue to face in the coming years. Also, Hopkinton’s place in the regional economy and its employment growth will be shaped in part by conditions elsewhere in the MetroWest area. The economic characteristics of a region contribute to the success of actions to strengthen and sustain a local economy. HOPKINTON TODAY Labor Force Just as Hopkinton experienced significant population growth during the 1990s, it also absorbed significant growth in the size of its labor force. From 1990-2014, the resident labor force in Hopkinton increased by more than 30%, mirroring the growth in overall population. The Town’s unusually high labor force participation rate of 83% sheds light on the age make-up of its population. Among persons over 16, the proportion of working-age adults in Hopkinton is larger than that of the state as a whole; similarly, a smaller percentage of Hopkinton’s over-16 population is comprised of retirees. From 2000 to 2014, Hopkinton’s labor force increased by VISION THEME In 2025, Hopkinton’s Town Center is a vibrant part of the town’s identity where civic events, including the Boston Marathon are celebrated. It is a hub of community and commercial activity, with shops, restaurants and an attractive streetscape. It is pedestrian friendly with new development that respects the character and heritage of the town. 41 approximately 15%, which exceeded the Town’s population growth rate of 12%. Hopkinton generally has a well-educated, highly paid labor force. More than 76% of Hopkinton’s over-25 population holds a college, professional or graduate degree, a statistic that places Hopkinton far ahead of the state as a whole (47%). Its residents tend to be employed as managers and professionals in research and development, science and technology, health and human services, and education. Moreover, the Town’s unemployment rate typically runs below that of the state or Middlesex County, and this has been true even during recessions since the 1990s. From 2001 to 2011, Hopkinton’s annual unemployment rates ranged from a low of 3% in 2001 to a high of 6.4% in 2010. The unemployment rate for Hopkinton in March, 2016 was 3.5%, compared to 4.6% for Massachusetts. Labor Force 2014 (Hopkinton Residents Age 16 and Over) Type of Worker Percent Private wage & salary workers 82.1% Government workers 11.4% Self-employed 6.3% Unpaid family workers 0.2% Most Hopkinton residents working out of Town work in Middlesex County. About 84% of the Town’s residents commute to work by car, usually traveling more than a half-hour each way. Although 30% of all employees statewide work in the same town they live in, only 20% of Hopkinton’s labor force has a local job. Since average wages paid by Hopkinton establishments tend to be very high compared to other communities nearby or throughout the larger (Boston) labor market area, it would not be surprising to find a larger percentage of locally employed people in Hopkinton than in other communities. This is not the case, however, and to some extent the difference may reflect a mismatch between the occupations and career interests of the labor force and the types of jobs represented in Hopkinton’s employment base. In 2014, the average annual wage paid by a Hopkinton employer was $105,196. Hopkinton is a net importer of labor, with about 11,500 jobs and 7,474 resident workers (2014). Growth in the number and type of business establishments has helped to expand Hopkinton’s economy and tax base. From 2009 to 2014, there was a 30% increase in the number of jobs in Hopkinton. About 60% of the jobs are in the Manufacturing sector, followed by 10% in Professional and Business Services and 7% in Trade, Transportation and Utilities. New Construction Since the opening of Rt. 495 through Hopkinton, the town has had a strong construction industry. New residential construction is a key economic indicator, and Hopkinton building statistics show that the Town is very attractive to new investment. More than 780 residential building permits have been issued in Hopkinton since 2010, mainly for condominiums and apartment units. Tax revenue from new growth made up a larger percentage of each year’s tax levy in Hopkinton than in the state as a whole through the 1990’s, but the gap narrowed in the mid-2000s such that Hopkinton’s percentage was lower than the state from 2001-2003. Hopkinton’s percentage now exceeds the statewide average again, due to the growth in Hopkinton and variable growth statewide. 42 In 2012 the first building permits were issued in Legacy Farms. Through July, 2016, 484 building permits for residential dwellings were issued in the Southwest Village at Legacy Farms and in the East Main, Southeast and Southwest Village development projects. Over 447 of the units are now occupied. It is estimated that building permits on the north side of Legacy Farms will begin to be issued in late 2017. Household Wealth and Consumer Spending A community’s economy is shaped by the wealth and consumer spending power of its households. Due to the amount of growth Hopkinton absorbed in the past three decades, its state rank for total household wealth, measured by median household income, has changed: from 64 (out of 351 cities and towns) in 1980 to 14 in 2015. Its state rank for equalized valuation (EQV) per capita is 79. Despite the Town’s substantial household wealth, its base of retail trade has been traditionally small, and retail expenditures made locally comprise a fraction of actual household spending power. Annual retail sales in Hopkinton were $6,368 per capita in 2012, which is about half of the per capita sales in Middlesex County and also statewide. According to the 2014 Visioning Survey, the Town “leaked” about 83% of its total retail spending to other communities that offer more goods and services, such as Framingham, Milford and Westborough. However, 70% of respondents feel that there are not enough retail options in Hopkinton. Economic Forecast MAPC prepared long-term community employment forecasts in 2006. In the region, which includes 101 Boston area cities and towns, total employment is projected to grow 8% from 2000 to 2020, to over 2 million people. In Hopkinton, employment was expected to grow from 9,357 workers in 2000 to 10,304 workers in 2010, 11,007 workers in 2020, and 11,588 in 2030. The actual number of workers in Hopkinton in 2014 exceeded the projections for 2020. EMC Corporation is the largest employer in Hopkinton. Therefore, the Town is particularly interested in its future, given the agreement to combine EMC and Dell Corporation. Important to Hopkinton is EMC’s continued location in town. Not only does Hopkinton benefit from the jobs, it also benefits from having EMC as a member of its business community. EMC and its employees have participated in the local Chamber of Commerce, with Hopkinton schools on technology initiatives, and in community projects, such as the development of EMC Park and trail development and maintenance. At the present time, it appears as though EMC will continue to be 43 located in Hopkinton, but like any other company, it could relocate at any time. LAND USE POLICIES Hopkinton has two primary types of business development today: office park, industrial park and warehouse space, located mainly in the vicinity of South Street/I-495, and nodes of commercial space along the West Main Street/Main Street corridor, which includes the downtown area. The mix and intensity of uses in these areas are quite different due to zoning and historic development patterns. In support of industrial and office development, Hopkinton has 522 acres of Industrial Districts (A and B), and an 85-acre Professional Office District. The zoning bylaw also provides special permit procedures and development standards for campus-style office parks. Most of the industrially zoned land is along South Street adjacent to I-495, with smaller pockets of industrial land on Lumber Street and Elm Street just east of I-495, Wood Street in the northwest part of town, and on Cedar Street near Hopkinton Center. The Professional Office District, located in East Hopkinton, currently includes an office development owned by Liberty Mutual. All of Hopkinton’s industrial and office parks have access to public water except Lumber Street, and sewer service is also available on South Street and around the I-495 interchange. Water and sewer service areas could be extended to serve as-yet unserved areas, as the Town has addressed previous capacity issues. It has been the desire of the Town to encourage more research and development, technology and biotechnology opportunities through new development and redevelopment of existing sites. To lure economic growth, Hopkinton has made use of programs such as Tax Increment Financing (TIF), most recently for PerkinElmer. Hopkinton has partnered with the Hopkinton Chamber of Commerce in its economic development efforts. Unlike other towns with extensive nonresidential development along Routes 85, 20, 9, 109 and 126 and near the I-495 interchanges, Hopkinton’s commercial and industrial areas are fairly inconspicuous, although new commercial development at the West Main St./Lumber St. intersection is more visible. Hopkinton experienced increased development pressure at the I-495 interchange over the years, and this new development is an outcome. Accommodating more growth in this area may require additional traffic improvements beyond what is already planned. The Town will need to decide what makes economic sense for that area, considering sound planning principles, environmental impacts and sustainable contributions to the tax base. Hopkinton currently has 126 acres of vacant land for industrial and office park development, although more than half of it is limited by wetlands, access or other constraints. Commercial Development By tradition, commercial development in Hopkinton has been oriented toward service businesses, small retail and specialty shops, and professional or business offices. The Town’s small-scale commercial base seems to appeal to many residents, in contrast to larger commercial developments such as the shopping centers and hotels found in surrounding communities. At the 2006 annual town meeting, voters agreed to rezone five contiguous parcels at the West Main Street/South Street intersection to facilitate the redevelopment of obsolete property and provide for additional commercial uses. Construction began on Hopkinton Square in 2011. Now 44 complete, there is 70,000 square feet of retail and office space on the site, including a 40,000 sq. ft. Price Chopper supermarket. At the 2009 annual town meeting, voters agreed to zone several parcels along the east and southwest sides of I- 495 under a Hotel Overlay District. This district was established to encourage the location of hotels based on proximity to infrastructure. The addition of hotels within the Town of Hopkinton will provide a type of use not historically allowed. No hotels have been proposed since the District was adopted. Tweaks were made at the 2016 annual town meeting in order to reduce barriers to hotel development. Other recent additions to commercial zoning in Hopkinton include the Commercial Solar Photovoltaic Installations bylaw in 2013, which allows commercial solar facilities in any zoning district with a Special Permit from the Planning Board; Registered Marijuana Dispensaries in 2014 after a new state law allowed the use of marijuana for medical purposes; and a Neighborhood Mixed Use (NMU) District in 2014, which allows multi-family residential use and commercial development in a master planned development off Lumber Street, near the I-495 interchange. Permitted to date are a 32,000 sq. ft. commercial building, 280 apartment units and a tennis club. As of this writing, all three permitted projects were under construction. Two vacant developable parcels remain. For several years, the Downtown Revitalization Committee (DRC) investigated and implemented opportunities to make the downtown area a more vital, attractive commercial node. The DRC’s objectives included respecting the historic character of downtown, improving the downtown’s appearance, developing a village center concept, attracting more businesses, restaurants and specialty shops, expanding the library, developing a multi-purpose community center and youth center, solving traffic and parking issues, and creating a distinctive identity for the downtown. The DRC prepared downtown design guidelines and worked with the Zoning Advisory Committee and the Planning Board to propose changes to the Business District regulations. Through these efforts, town meeting adopted a unique Downtown Business (BD) District for the downtown area, separating it from the more generic Business District. The BD District encourages the traditional building forms and uses that are central to a downtown district, such as buildings located close to the street, upper story residential and office space. The regulations also allow shared, off-site and reduced parking requirements. With growth and revitalization of the downtown, however, municipal parking lots may be needed to accommodate visitors to the area. The Town appropriated $400,000 in funds to design downtown improvements to the transportation corridor. The improvements are intended to facilitate safe pedestrian travel, 45 improve aesthetics, and address important traffic issues. The project is at the 25% design stage and is programmed for state funding in 2019. In 2015, Colella’s Supermarket, a long time staple of the downtown economy on Main Street, closed and the property was sold to Crosspoint Associates. Many residents hoped that a new market/grocery store would open in the location, but Crosspoint signed a lease with CVS Pharmacy after they stated a search for a market/grocery tenant was unsuccessful. The CVS opened in March 2016. ISSUES Hopkinton residents clearly want to see the downtown area revitalized. From Ash Street to Wood Street along Main Street and within a block north and south of Main Street, Hopkinton has an opportunity to create a “hub” for the Town, with shops and services that visually enhance the character of the Town. Shops, restaurants and businesses will generate additional tax revenue and supply goods and services used by residents. Since some of this area is within the Hopkinton Center Historic District, adaptive reuse will be a challenge. However, reuse of older buildings should be encouraged in order to enhance downtown and guide new commercial growth toward an area with existing businesses, roads and adequate utilities. The Town has multiple parties working toward similar yet different downtown goals – historic preservation, downtown pedestrian and traffic improvements, parking solutions and commercial development. An important challenge for Hopkinton is recognizing the difference between “economic development” and commercial and industrial zoning. Economic development is about building a durable local economy that improves the quality of life for people in a community or a region; commercial and industrial zoning is an essential tool for economic development and tax base expansion, but on its own, zoning does not build an economy. Throughout Massachusetts, each community has unique resources, history and economic opportunities. Local economic development initiatives can be tailored to the realities of the regional economy. Communities along Rt. 128 have a different economic reality than communities along Rt. 495, and so on. Trends in the region around Hopkinton will impact Hopkinton, and the Town may have unique opportunities as the regional economy grows and changes. Today, residential properties generate 83% of 46 Hopkinton’s tax levy and commercial or industrial properties, 17%, compared to an 85%/15% split identified in the 2007 Master Plan. Depending on the mix of businesses and industry and the Town’s tax policies, increasing the commercial and industrial share of the tax base to 18% - 20% could require development of 400 acres of land under Hopkinton’s existing zoning, or it could require significant redevelopment of older commercial properties. The Town would need to attract and retain the highest value uses in order to make the most efficient use of its available land supply. Wherever possible, the Town also needs to attract high value uses that also provide high-quality jobs compatible with the needs of its labor force. ECONOMIC DEVELOPMENT GOALS Hopkinton’s commercial development has generally been located in distinct areas. Since the development of Legacy Farms and the Lumber Street/Hopkinton Mews commercial and residential development, there have evolved three distinct business “nodes”: 1) in the East (Legacy Farms); 2) Central (downtown), and 3) West (I-495 interchange/South St. area). While each is in various stages of development, they all have their own challenges in order to align to the town’s overall vision for commercial development. The Planning Board foresees a bright future with controlled development meeting the needs of all the citizens of Hopkinton and maintaining our historical, residential and rural small town.  Improve transportation access to Hopkinton’s business “nodes”.  Provide more downtown parking.  Maintain zoning regulations that reflect the Town’s wishes for commercial growth and development.  Manage economic opportunities.  Diversify the tax base.  Improve access to information.  Provide adequate infrastructure, including water and sewer, in commercial and industrial areas to facilitate growth. Action Plan 1. Future economic growth should be directed to the following areas:  Downtown  Elmwood Park/Parkwood Drive area and Lumber Street near West Main Street  Legacy Farms Commercial Subdistrict areas on East Main Street, including the Village Center.  South Street. 47 2. Provide municipal water and sewer service to the industrially and commercially zoned sections of Lumber Street to encourage a hotel, the redevelopment of commercial properties and to facilitate the buildout of the area. 3. Improve access to online information that will be useful for citizens, developers and businesses so that people can better understand how to work with town government, and to communicate the benefits of locating a business in Hopkinton. 4. Organize Planning information clearly on the town website and make it user- friendly, so that citizens, businesses and developers can understand processes more clearly and find individuals to speak with if they have questions. 5. Maintain a dialogue with citizens and the business community relative to the amount and location of commercial development and its impact on the character of the Town. 6. Work with the property owners in Elmwood Park to revitalize this old industrial park. 7. Diversify the Tax Base. The Town should achieve a tax base ratio of 80% residential/open space and 20% commercial/industrial, in order to make sure that the tax burden on residents does not become onerous. It does not appear that it is necessary to re-zone residential land in order to achieve this goal. Redevelopment of Elmwood Park and South Street properties alone may be sufficient, and incentives should be created to attract more high value development as properties in these areas are redeveloped. 8. Continue to manage and maintain the commercial zoning regulations such that they reflect residents’ expectations and the Town’s best interests. The Planning Board should continue to work with developers to make sure that they understand and are respectful of the rural nature of the town and the need to enhance its character rather than detract from it. 9. Consider engaging a Business Development individual with the authority and mandate to manage economic development. The biggest hurdle in managing economic opportunities is to identify “who is going to drive” the economic goals of the town for the next 10 to 20 years. This individual could be responsible for working with the Planning Board to make sure the right zoning is in place, for having effective tax rate/incentive tools in place to attract businesses that the Town wants, and serve as an advocate and liaison between the business community and Town government. 10. Create sufficient parking in the downtown to meet demand. There is a dire need for more parking in the downtown area. There have been shared parking solutions, including a lease with St. John the Evangelist Church to handle overflow parking for the expanded Public Library. The Town wants an exciting and vibrant downtown with restaurants or even a “food destination” along Main Street (perhaps a brew pub, ethnic restaurants, etc.). Without sufficient parking, such ideas will never come to fruition and the downtown could languish. The Town should look to develop small municipal parking lots in strategic locations, expand existing parking lots, and work with local property owners to share parking lots where possible. While more parking should be provided, it must be done with a balance in mind – the demolition of commercial buildings solely for the purpose of creating new parking lots is not recommended. 48 Community Facilities & Services Community facilities and services are the civic building blocks of a city or town. A community facility is any municipal property developed and used for public purposes, such as a town hall, a library or schools, and parks, playgrounds and public utilities. The Community Facilities and Services element of a master plan analyzes the municipal and school service needs of a community’s population, institutions, businesses and industry. Its purpose is to guide facilities planning and capital improvement priorities so that local governments can respond to future development in an orderly way. The challenge of facilities planning is that population growth alone does not dictate municipal and school service needs. The age make-up of a community’s population, where residents live and work, their household incomes, and what they expect from local government all play an important role in determining whether a town has adequate public facilities. Like other attractive suburbs, Hopkinton will most likely find that over time, its facility needs will change not only due to population growth, but also to changes in the size and composition of its households and the percentage of its population in the labor force. Moreover, where new development occurs may affect siting decisions and priorities for new municipal and school facilities. HOPKINTON TODAY Public Buildings & Services Town Hall. All of Hopkinton’s traditional local government services are located in the Town Hall at 18 Main Street. Built in 1902, the Town Hall is a Classical Revival style building in the Hopkinton Center Historic District and it is Hopkinton’s only civic building. The present Town Hall was constructed on the site of its predecessor, an Italianate municipal building destroyed by the fires that swept through Hopkinton Center in the late 19th century. For Hopkinton, it is historically important that Hopkinton Center has always served as the seat of local government, beginning with the first meeting house that was built on the Town Common ca. 1725. Today’s Town Hall has fairly limited office, meeting and storage space for the number of functions it supports. It has 17,684 sq. ft. of floor area, including basement and second-floor meeting rooms that are used frequently throughout the day and evening hours by citizen volunteers and employees. Most departmental offices are operating at or in excess of their design capacity. Town Hall is accessible to persons with disabilities. In 2025, Hopkinton has a system of infrastructure improvements that support targeted growth and development while protecting the environment through the use of sustainable practices and materials. 49 Department of Public Works. By special act of the legislature, Hopkinton consolidated its Highway, Water and Sewer Departments into a single Department of Public Works (DPW) in 1998, and designated the Board of Selectmen to serve as the Town’s board of public works. The DPW’s work includes municipal water, sewer, cemetery maintenance, and parks and fields maintenance. Due to the inadequate space and poor condition of the 1960’s facility at 81 Wood Street, the DPW met some of its immediate needs for office and equipment storage at the Town’s property at 66 Fruit Street. Construction will begin in 2016 on a new 41,000 sq. ft. facility at the Wood Street location, replacing both facilities and consolidating operations in one location. Police Department. The Hopkinton Police Station opened in June, 2004. A state-of-the-art facility with 18,000 sq. ft. of floor area, the police station is expected to meet Hopkinton’s needs indefinitely. Dispatch functions for the police and fire departments were consolidated at the Police Station in 2015. Fire Department. The Hopkinton Fire Department operates two facilities: its headquarters (Station 1) at 73 Main Street and a substation (Station 2) at 238 Wood Street. Originally designed as a public safety building for both the police and fire departments, Station 1 was constructed in 1955 and upgraded and expanded in 1997. Its administrative space and vehicle/equipment storage areas are currently being utilized to its full design capacity. In response to the Fire Department’s space needs, Town Meeting appropriated funds for plans and construction documents for fire station improvements in May, 2006. Station 2 was built in 1965 to replace the Engine House Pond station. It includes two bays facing Wood Street and a small storage bay on the west side. The existing crew quarters, dispatch area and window and door systems need to be upgraded. Today, Station 2 is not staffed and is used primarily as a garage and for storage. An analysis reviewing multiple year incident response data was recently completed by the Hopkinton/Ashland Collaboration study. This analysis of response data showed that any capital building expansion should be located in the South Street/I-495 and/or easterly areas of Hopkinton. All existing Fire Dept. buildings are operating at designed capacity. The In 2025, Hopkinton continues to have an exceptional quality of life in a vibrant and sustainable community with an open, democratic and efficient local government, a balanced budget, and well-maintained town facilities. 50 collaboration study also documented understaffing of the current Fire Department operational model and an inability to safely, effectively and efficiently respond to multiple incident responses. This problem will continue to be exacerbated by growth in the community, especially the growth of an older population. Public Library. The Hopkinton Public Library was built in 1895 and expanded in 1967 by incorporating an adjacent building that formerly housed Saint Paul’s Church. Population growth and significant changes in the types of services supported by public libraries over the past 30 years mean that Hopkinton’s library has run out of space. Accordingly, the Town is now expanding the facility from its present 5,000 sq. ft. to about 24,000 sq. ft. The new facility will offer more space for children and young adults, history collections, as well as a reading area, meeting spaces and additional parking. The renovation and expansion also will improve access for persons with disabilities. The plans were developed and funded, and construction began in 2016. The project was funded in part by a state grant and by private fundraising. Senior Center. After operating a senior center in the basement of Town Hall for many years, the Council on Aging opened a new 15,000 sq. ft. senior center in 2006. The building is located adjacent to the Hopkinton Housing Authority’s elderly housing on Davis Road. Not only does the Senior Center serve the program needs of seniors, but it also provides space for larger town board/committee gatherings than can be accommodated at Town Hall. The anticipated growth in the elderly population may result in a need to expand the programs and services offered at the Senior Center and by the Council on Aging. The new programs and services may result in a need to expand the building itself. 51 Public Schools Hopkinton has a renowned K-12 public school system that contributes significantly to the Town’s reputation as a desirable place to live. For example, Hopkinton High School was recently ranked among the nation’s top 1,200 high schools, and it also received a School of Excellence award from the Massachusetts Alliance for Arts Education in 2006. The seemingly relentless school-age population growth that occurred in Hopkinton in the 1990’s led to major investments in new public school buildings and land to accommodate them, beginning with the Terry property acquisition on Hayden Rowe in the mid-1990’s. Most recently, the Town acquired the Irvine property on Hayden Rowe for additional school expansion. In the 2014-2015 school year, the Hopkinton School Department served 59 more students than in 2004-2005, although the numbers rose and fell during the intervening years. Currently operating school buildings include:  Center School, built in 1928, with approximately 52,000 gross sq. ft.  Elmwood School, built in 1964, with 80,000 gross sq. ft. This school currently uses modular classrooms to meet space needs.  Hopkins School, built in 1997, with 75,000 gross sq. ft.  Hopkinton Middle School, built in 1954, with 140,000 gross sq. ft.  Hopkinton High School, built in 2001, with 189,500 gross sq. ft. The School administration leases office space at 89 Hayden Rowe, across the street from the Middle School. A new elementary school will be constructed on Hayden Rowe (former Irvine property) to replace Center School as a Pre-K to Grade 1 facility. The 83,250 sq. ft. school was funded in 2015, permitted in 2016 and is anticipated to open in 2018. Recreation Facilities and Programs Outdoor recreation facilities exist throughout Hopkinton, yet the Town has a number of unmet needs. Except for school gymnasiums, Hopkinton does not have any indoor recreation facilities, such as an indoor pool or athletic complex, or a youth center or community center. An indoor practice facility was funded at the 2015 special town meeting, and it will be constructed at the Fruit St. fields complex. The Parks and Recreation Department offers an impressive range of programs for persons of all ages, including a popular summer program for children, horseback riding, training clinics in all of the major youth sports, arts and crafts, and sports activities and leisure programs for adults. Demands for active and passive recreation have changed with household and population growth, and the Town has at times found it difficult to accommodate them. Playing Fields. Residential growth over the years strained the capacity of existing facilities, and overuse meant that the Town’s fields were not properly rested. In 1999, three Little League 52 baseball fields were developed at the Head of the Charles/EMC Park. While this project addressed then-pressing needs for baseball fields, the same could not be said for other organized sports, notably soccer. However, turf and grass fields have now been constructed at the Fruit St. property, and are well-used for soccer and other sports. Along with the older fields on the Fruit St. property and the availability of additional land there for athletic facilities, the Fruit St. property may become the playing fields hub for the community over time. The addition of restrooms and storage is planned. Parks and Playgrounds. The Town owns and manages several public parks, and the elementary schools have playgrounds for young children. In 2000, local volunteers completed the Hopkinton Community Playground and addressed a long-standing need for large playground space. Town-owned parks with active recreation facilities include Reed Park (Parker Point Road), Sandy Beach at Lake Maspenock (Hayward Street/Lake Shore Drive), Carrigan Park (Marshall Street), the Fruit Street property, and the Head of the Charles/EMC Park (Hayden Rowe). Sandy Beach was renovated and new facilities were constructed in 2014. Trails. Hopkinton’s 2013 Open Space and Recreation Plan reports that many residents would like a bicycle trail and more walking/hiking trails. In 2012 the Board of Selectmen created and appointed an Upper Charles Trail Committee whose mission is to connect a multi-use walking/biking trail to the end of the Upper Charles Trail in Milford. The Hopkinton Center Trail, which is a key component of the future Upper Charles Trail, has been opened and improved within the last five years. In an effort to increase public awareness of trails that exist in Hopkinton, the Open Space Preservation Commission published the Hopkinton Trail Guide in 2006, which features several Town-owned properties as well as land owned by the Hopkinton Area Land Trust (HALT) and the Commonwealth. Town Common Hopkinton’s signature public park, the Town Common, serves as the starting point for the Boston Marathon. The Town Common runs along Main Street from Hayden Rowe to Ash Street, and includes a gazebo, benches, Veterans Memorials and walking paths. It supports a variety of cultural events, including Concerts on the Common sponsored by the Parks and Recreation Department, the PolyArts program, which began in the 1970’s as a public exhibit of works by local artists and gradually evolved into a major regional crafts show, and a Farmers Market. In recent years the Common has benefitted by a new landscape plan, new gazebo, marathon statuary and the Claflin Memorial Fountain, which was restored in 2015. The gazebo and fountain serve as the important centerpieces of the Common. Hopkinton Center for the Arts The Town has leased the Terry farmhouse and barn at 98 Hayden Rowe for the Hopkinton Center for the Arts, a partnership between the Cultural Arts Alliance, Enter Stage Left and the Hopkinton Community Endowment. Improvements have been made to the farmhouse, which is used as gallery, office and class space. Renovations and an addition to the barn were completed in 2015, funded in part by CPA funds. The barn and the addition are used for classroom and performance space. Parking facilities are shared with the adjacent High School. Cemeteries 53 The Town owns seven cemeteries and historic burial grounds. The Cemetery Department’s office is located at the Mount Auburn Cemetery at Mount Auburn Street and Mayhew Street. Previous master plans recommended investigating needs for future cemetery space. The Town has installed drainage systems at the Mount Auburn Cemetery to increase the amount of useable land, which increased capacity. In 2015 the Town acquired 2.6 acres of land adjacent to Mount Auburn Cemetery for future cemetery use. Municipal Utilities Public Water Service. The Water Department provides drinking water to 3,300 residential, commercial and industrial customers. The system consists of 72 miles of water mains and 683 fire hydrants. Hopkinton operates eight water supply wells in three areas: wells 1, 2, 3 and 6 off Fruit Street, wells 4 and 5 off Charles McIntyre Lane and Donna Pass, and wells 7 and 8 off Alprilla Farm Road. The town owns 219 acres around the Fruit Street wells, 3.7 acres around wells 4 and 5, and 197 acres in the vicinity of the Alprilla Farm wells for wellhead protection. In February, 1999, Hopkinton entered into a 25 year agreement with the Town of Ashland to develop new wells and construct a filtration plant next to the Hopkinton Reservoir. The new treatment plant went online in 2003, and the new supply source provides up to 500,000 gpd. The Alprilla Farm wells were developed pursuant to an agreement with the developer of Legacy Farms, and went on line in 2013. Like other public water systems, Hopkinton is subject to the Massachusetts Water Management Act, which regulates the amount of water that can be withdrawn from groundwater and surface water sources. The town’s water withdrawal permit currently authorizes up to 1,210,000 gpd, and any increase must be approved by the Massachusetts Department of Environmental Protection (DEP). Under criteria established by the Massachusetts Water Resources Commission, several river basins throughout the state have been classified as “high stress”, a designation that usually imposes stringent water conservation requirements on communities seeking to amend their water withdrawal permits. Although Hopkinton is not located within the areas designated as “high stress”, DEP has reduced water withdrawal permits in the Upper Charles Basin, a move that affected neighboring communities. DEP regulations define three “zones of contribution” to a well:  Zone I, the protective radius around a well, is usually 400 feet for municipal water supplies. Private wells serving more than 25 people also qualify as public water supplies and they, too, must comply with state wellhead protection requirements.  Zone II is “that area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated,” a standard determined by prolonged pump tests.  Zone III includes the entire area within which groundwater and surface water drain into Zone II, i.e., the Zone II watershed. 54 Hopkinton owns the Zone I radius around its wells, with the exception of Fruit Street, which passes through the Zone I of wells 1, 2 and 3. The Town also protects its wells and the water supplies of adjacent towns through the Water Resources Protection Overlay District (WRPOD), which prohibits and regulates potentially harmful uses in the watershed. The bylaw and map was last updated in 2011. Water Storage Facilities. Hopkinton has three water storage facilities with a combined capacity of 2.2M gallons, and the average tank level is 1.65M gallons. In 2012, Hopkinton’s average daily water consumption was 1,100,000. The Town has purchased land for an additional storage tank off Lumber Street, but currently there are no plans to develop one. The Town plans to replace the storage tank on Hayden Rowe in 2016. Public Sewer Service. Hopkinton began to provide municipal sewer service in 1989, through an agreement with the Town of Westborough. When the initial three-phase system was completed in 1997, it served 1,122 customers. From 1997-1999, the fourth and fifth phases were built to serve about 420 homes in the vicinity of Charlesview, Hayden Rowe and Thayer Heights. Construction of the sixth phase, for the South Street area, began in 1998, and included plans to tie into Milford’s sewer system. The Town has constructed a wastewater treatment facility on the Fruit Street property, which went on line in 2012. The facility processes and treats up to 100,000 gpd and is expandable up to 350,000 gpd with additional construction. Hopkinton’s agreement with Westborough has no room for expansion. The agreement allows Hopkinton to discharge an average daily flow of up to 400,000 gpd of wastewater to the Westborough wastewater treatment facility, or any combination of septage wastes and wastewater, up to a maximum of 42,000 gallons per week of seepage and 350,000 gallons per day of wastewater, average daily flow. About 40% of the Town has access to municipal sewer service. Hopkinton’s sewer policy assigns high priority to areas with the greatest environmental and public health needs, and is consistent with the Comprehensive Wastewater Management Plan completed in 2004. The purpose of the state-mandated CWMP is to provide a framework for addressing a community’s future wastewater needs. Private Utilities Residents and businesses at Legacy Farms are serviced by a private wastewater treatment facility located on Clinton Street. The facility may also serve up to 29 area homes if desired. The 280- unit Hopkinton Mews residential development on Lumber Street will also be served by a private treatment facility. The Overlook Road/Summit Road neighborhood is serviced by a private water supply well, as are some condominium complexes and other private facilities in Hopkinton. These private water supplies, which are regulated by the DEP, include The Preserve on Rt. 85, The Village at Highland Park on Wedgewood Drive, Deerfield Estates on Lumber Street, the YMCA and The Laborer’s Training Center on East Street. Town Government 55 In response to the needs of residents and the business community for government services, the size of Town government has changed over the years. The table below shows budgeted amounts for certain departments providing a service in 2016. It is important to note that unlike the other municipal departments providing a service, sewer, water and parks and recreation are funded through enterprise funds, where the ratepayers/users provide most of the funding. Therefore, their budgets include costs that include debt payments, employee benefits and the like. For other departments, these costs are centralized and are not included in the department’s budget. It should be noted that while each Town department has a separate budget and employees, services are provided collaboratively. Service FY17 Budget Number of Year-Round Employees, part time and full time, September 2016 Education1 $40,902,901 Number pending Police2 $2, 354,492 Number pending Fire2 $2,374,061 Number pending Public Works (roads, stormwater management, traffic lights, storm control, tree warden, waste collection) $3,963,215 Number pending Sewer $3,141,667 Number pending Water $1,938,203 Number pending Library $415,772 Number pending Senior Center $290,464 Number pending Parks and Recreation $637,382 Number pending 1Hopkinton Public Schools only; does not include Regional Technical Vocational School 2Does not include Central Dispatch Sources: Appropriations Committee Recommendations, Annual Town Meeting, May 2, 2016; It is important to consider the organizational capacity of the town government when considering how and whether to provide services. ISSUES Municipal Buildings & Services To maintain high-quality services, Hopkinton has built several public facilities within the last 15 years: the Hopkins School, Hopkinton High School, the Police Station and the Senior Center. Residents have been willing to finance capital projects, and the town has recently voted to fund important projects including a new Library, a new DPW facility, a new school, and land acquisition for general municipal purposes, open space and bike trails. Hopkinton’s annual debt service has risen dramatically as the Town has voted for these projects, and is equal to about 6.6% of the total operating budget for FY2016. Residents may hesitate to authorize more borrowing because the cost of the additional debt service will be borne mainly by homeowners. However, Hopkinton still has public facility and other needs, including maintenance of existing facilities. For example, the Town Hall is a pleasant, well-maintained 56 building, but some offices are congested, there is a need for archive space, and the adequacy of existing space needs to be evaluated. Adaptive reuse of Center School is a major issue to be addressed within the next five years. When the new elementary school opens in 2018, the future of the Center School building and grounds should have been determined and plans should be in place, so that the property does not suffer from lack of use and upkeep. Needs that could be met at Center School include administrative offices for the schools and general government, records archive space, a youth center and parking for activities on the Town Common and in the downtown. The reduction over time in the number of municipal parking spaces in the downtown needs to be addressed. Existing on-street parking spaces are not necessarily the proper size, which means they are not all useable at the same time. In addition, others are located too close to driveways and intersections. When the Main Street corridor plan is implemented, more parking spaces will be lost as well. The planned construction of 6 more parking spaces in front of the Police Station is a start, but the Town should consider constructing a municipal parking lot in the downtown area and/or seek shared parking solutions where private parking lots are made available to the public. The Capital Asset Management Plan is an important tool for ensuring that necessary maintenance and building projects are planned and implemented. The Town needs to continuously update and implement the plan in the future. Governance Hopkinton voters approved a charter in 2006 which established a Board of Selectmen-Town Manager form of government. Prior to 2006, the Town was governed under a combination of general laws and special acts of the legislature, and its form of government was highly decentralized. The charter introduced more centralization by establishing the positions of Town Manager and Finance Director, and changing the Police Chief’s position from a “weak” to “strong” chief. In contrast, the charter preserves the town’s existing elected boards and their functions remain semi-independent of the Board of Selectmen-Town Manager, e.g. the Cemetery Commission, Parks and Recreation Commission and Planning Board. The 10-year charter review is planned to begin in 2016, at which time the Town will evaluate its effectiveness and have an opportunity to identify any changes that should be made. A change in government structure often brings about significant changes in a community’s approach to budgeting, capital planning and personnel management, in part by establishing clear lines of authority. It also tends to change the way boards and committees work, even when a new charter or special act does not directly affect them. Changes to the charter may have 57 implications for space use and future space planning at Town Hall, and the Town will want to consider this in any future renovation or expansion plans. Governance is more than “government”. The Town may wish to consider what services are or can be provided by other entities, including non-profit organizations and through regional collaboration. Municipal Utilities Public Water Service. Adequate recharge for the aquifers serving Hopkinton and adjacent communities is very important for protecting the quantity and quality of public drinking water. As Hopkinton develops, more land area becomes impervious and opportunities for groundwater recharge decrease. Reduced recharge may result in declining water quality, a condition that could have adverse impacts on Hopkinton’s long-term economic goals and the health and welfare of the Town as a whole. Water mains should be extended for residential service only if the Town has enough supply, the extensions are consistent with an adopted policy or plan, and an effective water conservation program is in place. For example, water should be provided to areas with failing private wells and fire protection needs, and to commercial and industrial users. In fact, attracting commercial and industrial growth and retaining existing businesses would be nearly impossible without municipal water. Demand for access to public water will most likely increase as growth continues and additional supply becomes available. Hopkinton needs to decide if providing water town-wide is desirable or achievable. The inability to obtain water from the Town or a private well has not made many lots unbuildable except where smaller lots can be developed if they connect to the municipal system. However, while providing Town water may have little impact on Hopkinton’s ultimate build-out, it could hasten the build-out process. Public Sewer Service. Future extension of sewer service should continue to be guided by environmental considerations on one hand, and industrial and commercial development objectives on the other hand. The costs and benefits of a future expansion need to be weighed carefully, for any expansion of the sewer system will require major capital investment. For the most part, sewer service has not spurred a significant amount of residential growth. Areas served by the Town’s sewer system were largely developed and experiencing severe problems. Often they included vacant lots that were not large enough to support a Title 5 septic system, but while some lots became buildable as a result of sewer service, the number was small compared to the total area served. Generally, lots considered unbuildable prior to sewer had high water tables or wetlands that precluded development. The notable exception is Lake Maspenock, which is surrounded by small lots that pre-date zoning. While municipal sewer service made a number of these lots developable, the modest amount of new growth triggered by sewer service is less important than the improved water quality at Lake Maspenock. If sewer service is extended to other maturely developed residential area, consistent with past policy, the impact on future residential growth will most likely be small. However, extending sewer lines into areas with significant environmental issues can 58 increase the development potential of abutting vacant land. To assure that the Town understands the consequences for growth, the Planning Department should always be consulted about proposed sewer extensions. Providing sewer service to more commercial and industrial properties would significantly enhance their attractiveness for new business development. Businesses want sewer service, and they make siting decisions based in part on access to it. Hopkinton’s available commercial and industrial land is in short supply. Since these types of land uses often required large on-site septic systems, sewer service would make it possible to increase the amount of commercial or industrial development on suitably zoned land. For older residential areas with failing septic systems or serious environmental problems, the Town should consider other alternatives. Upgrading existing systems or designing small treatment facilities would be preferable to extending sewer service, in part to protect already stressed water resources. In addition, while providing sewer service has improved water quality in Hopkinton, at some level it may be detrimental to water quantity. Hopkinton is located in three river basins: the Concord, the Blackstone and Charles. When water drawn from them is discharged into the Westborough WWTF, local aquifers lose recharge. State regulations make this kind of inter-basin transfer very difficult and in some areas, nearly impossible. Development of small treatment facilities and discharge of the water there will increase aquifer recharge in Hopkinton. Recreation Facilities Hopkinton is experiencing demand for bike trails, indoor recreation and athletic fields. Growth in total population, private sports organizations, and intramural and interscholastic sports programs in the schools largely explain the additional demand, particularly for playing fields. Although the greatest demand for recreational facilities comes from organized sports programs for children and youth, there is also demand for recreational and exercise facilities for adults and seniors. Surveys conducted in 2011 by the Parks and Recreation Commission and in 2013 for the Open Space and Recreation Plan demonstrated significant interest in bicycle trails, walking/hiking trails, indoor ice arena and a swimming pool. Survey respondents indicated that bike trails and walking/hiking areas were the two most important recreational facilities needed in Hopkinton. If designed and constructed to cross through and connect open spaces and neighboring communities, bicycle trails would also address Hopkinton’s long standing desire for greenbelts, as identified in previous master plans and open space plans. The survey results also underscored the need for playing fields, indoor recreation facilities and a dog park. Since the 2007 master plan, more trails have been blazed and made accessible to the public, notably the Center Trail. Hopkinton needs to continue to develop more trails and provide parking a trailheads. Trail guides and on-line information publicizing trail access should continue to be updated. A more comprehensive trail network which includes pedestrian and bike trails, however, needs overall coordination and planning for future maintenance. The pool of funding for such efforts also needs to be managed and prioritized. 59 Town Land Planning In 2015, Town Meeting adopted a revised concept plan for the Town’s Fruit Street property, moving away from designating specific areas for a school and a DPW facility, and identifying these areas for future recreation space. Now that these areas have been identified for recreational uses, the Parks and Recreation Commission should develop a plan development and use of those areas. A 31 acre undesignated use area remains to satisfy a future municipal need. The Town acquired the Irvine and Todaro properties on Hayden Rowe and the Pratt property on Fruit Street in 2015. The Town’s use of these properties will be planned in the same manner that the Fruit Street property was planned and implemented. Committees have been established to prepare plans for each of these areas, which are opportunities to accommodate several of the Town’s unmet needs. COMMUNITY FACILITIES & SERVICES GOALS  Protect land around existing and future public water supplies.  Require aquifer recharge.  Provide adequate space for Town facilities.  Provide sewer service to areas of greatest need; Study and plan sewer build-out to support land use planning.  Maintain and improve existing recreation facilities and create new facilities to serve the needs of Hopkinton residents. Action Plan 1. Services such as water, sewer, roads, solid waste disposal, schools and others should be expanded as the needs of residents and businesses require them. 2. Acquire and protect parcels that have potential for future water resources or groundwater disposal. Develop new water supply wells as needed. 60 3. The preservation of Hopkinton’s water supply is of primary importance and should be considered in the evaluation of any development or use which may impact aquifer areas. 4. Search for new water sources and protect the surrounding area from harmful uses. When considering open space purchases, prioritize highly those that protect water supplies and support aquifer recharge. 5. Provide municipal sewer service to industrial and commercial uses and areas. 6. Provide municipal sewer service to areas of greatest need, including those with a high percentage of failing septic systems coupled with few repair options. Work cooperatively to ensure that sewer service is limited to areas with critical needs or areas targeted for desirable development that meets Master Plan goals. The Planning Board, Board of Health and DPW should work together to ensure that sewer is used where and when appropriate. 7. Update the CWMP. 8. Encourage implementation, with input from the Board of Health, of state-of-the-art sewer solutions or alternative systems, using the CWMP as a guide. For the Woodville area, identified as a priority for sewer service, consider alternatives such as small treatment plants in order to discourage over-development. 9. Encourage the development of private package treatment facilities with on-site aquifer recharge. 10. Improve and develop active recreation facilities as recommended in the Open Space and Recreation Plan, and encourage enhancements to existing facilities such as at Fruit Street, Reed Park and EMC Park. 11. Provide adequate maintenance for all recreational facilities to allow for safe enjoyment and use by residents. 12. Provide recreational facilities that meet the needs of the schools and all residents, including senior residents. Understand the growth in the over-55 population and its impact on recreational facilities. Given the dramatic increase in apartment units, consider that the recreational needs of renters may be different than those of home owners with dedicated yards. 13. Provide parking and signage where public hiking trails exist or are being developed. 14. Ensure that the Department of Public Works can maintain existing roads and bridges through an adequately funded maintenance program. 15. Monitor and plan for the anticipated increase in the number of older residents. Consider impacts on emergency services and handicapped accessibility, for example. 16. Develop a reuse plan for the Center School building and grounds which considers anticipated municipal needs based on a changing population, regulatory framework and government structure. 17. Update and implement the Capital Asset Management Plan to assure that the Town’s physical assets are adequately maintained. 18. Support efforts to create trail development and maintenance policies, and provide funding for implementation. 19. Plan for the need for future Fire Department substations in areas with new development or which improve the operational ability to provide emergency services, and identify and acquire potentially suitable sites. 61 Transportation The Transportation element of a Master Plan addresses the movement of people and goods within a community and across regional transportation networks. A transportation network is comprised of roads, bridges, public transportation facilities – such as airports, trains, commuter rail, rapid transit, marine terminals and piers – together with pedestrian and bicycle facilities. The goals of a transportation plan are to serve existing and future land use patterns, provide mobility options, maximize public safety, make efficient use of public funds, and promote improvements that protect the built and natural environment. The Master Plan should be used as guidance for addressing the impacts of local, state and federal transportation policies. The effects of population and employment growth in Hopkinton and neighboring towns can be seen in increased traffic during peak and off-peak hours. In the past decade, Hopkinton absorbed a 12% population increase, a 2% increase in the number of local employers and a 6.6% increase in local jobs. The number of Hopkinton households with three or more cars also increased by 27%, and the average number of vehicles per household, from 2.03 to 3.4. Changes that occurred locally and region-wide help to explain the growth in traffic observed on local streets and regional highways that cross through town. HOPKINTON TODAY Roads Hopkinton is served by 136 miles of roadways, nearly all maintained by the Town. Like any road network, Hopkinton’s includes a hierarchy of streets that serve different functions, from long distance travel to commuting to work, shopping errands in adjacent communities or trips between home and the downtown area, schools, parks and community institutions. The road network consists of major regional highways, arterials, collector streets and local streets. Interstate Highways. Two interstate highways cross Hopkinton and connect a major interchange along the Town’s northern boundary: I-90 (Massachusetts Turnpike) and I-495. Interstate highways are controlled access roads, i.e. roads with a limited number of access and exit points, designed to carry large volumes of traffic between states and across metropolitan areas. I-90 was built during the mid-1950’s and widened in 1970. I-495 is Boston’s outer- circumferential highway, extending from the New Hampshire border to Cape Cod at a radius of about 30 miles from the city. The portion that runs through Hopkinton was completed in 1969, providing ready access to the region’s employment, retail and service centers. Most of Hopkinton’s industrially zoned land is near the West Main Street exit off I-495 as well as the Town’s Hotel Overlay District. 62 Arterials and Collectors. Several major streets carry local and non-local traffic between the regional highway system and sub-regional destinations. These roadways include a rural arterial, Route 135 from the Ashland town line to the Wood street underpass; six major collectors, Route 85, Route 135 (Wood underpass to Westborough), West Main Street, Ash Street, Chestnut Street and South Street; and a minor collector, School Street from West Main Street to Upton, where its name changes to East Street. Generally, these roads meet needs for traffic mobility, although some of them double as roadways serving residential areas, such as Chestnut Street and Ash Street. The difference between arterial and collector streets can be seen in the relatively small number of access points to Route 135 from Ashland to Wood Street (except for Hopkinton center), compared to the frequency with which local or neighborhood streets intersect roads such as Ash Street, Wood Street and West Main Street. Local Roads. All of the remaining roads – about 127 miles – are classified as local roads, which supply access to homes and businesses within Hopkinton. Approximately 115 miles of local roads have been accepted by the Town and the other 12 miles are unaccepted streets (future public ways). Local roads can be further classified as subcollectors and “place” streets, or streets serving a confined neighborhood. Hopkinton Roads Jurisdiction Centerline Miles State Agency MassDOT 8.85 State Park 0.21 Town of Hopkinton Accepted Streets 115 Unaccepted Ways 12 Permanently Private Ways Total 136 Source: MassDOT; Town of Hopkinton Bridges Hopkinton has 15 bridge structures, mainly associated with I-90 and I-495 travel lanes and on/off ramps. The Town has jurisdiction over the Cedar Street Extension Bridge, which crosses the VISION THEME In 2025, Hopkinton has a transportation system that offers community choice regarding travel for a driver, bicyclist, pedestrian, or someone using public transportation and that has addressed parking, traffic congestion, and other transportation issues. 63 Sudbury River, but the other bridges are maintained by MassDOT. According to the National Bridge Inventory (Federal Highway Administration, most bridges in Hopkinton are in good or very good condition. However, the railings on the I-495 northbound and southbound bridges over West Main Street and Wood Street do not meet current standards. The Route 85 bridge over the Sudbury River has recently been reconstructed to repair structural deficiencies. It was also widened to accommodate a sidewalk. Bus Service The MetroWest Regional Transit Authority (MWRTA) bus system provides fixed-route service from Hopkinton to Framingham on weekdays, roughly from 6:00 AM to 8:00 PM. Route #5 runs from Hopkinton to Framingham, with stops in Ashland along the way. Passengers in Hopkinton are picked up at the Rt. 85/Rt. 135 intersection, the Price Chopper at South St./West Main St., and at the South St./Hayward St. intersection. Schedules for all routes are available at www.mwrta.com. Commuter Rail Hopkinton residents have access to commuter rail service in Southborough and Ashland on the Framingham-Worcester line. Trains run roughly from 5:00 AM to midnight on weekdays. The Southborough station is located at the intersection of Route 85 and Cordaville Road. Not surprisingly, peak-period commuter traffic entering and exiting the station contributes to the congestion at the Route 85/Route 135 intersection in Hopkinton. Southborough has surface parking for 364 vehicles, and the average weekday availability of parking spaces is less than 35%. In contrast, the Ashland station on Pleasant Street has parking for 678 cars and 68% average weekday availability. Airports Hopkinton has access to several public airports that provide commercial air service in the region. Logan Airport, the state’s primary airport in Boston, supports domestic and international travel. It is a major international airport serving 40 airlines, with five runways and a Federal Aviation Administration control tower, hospitality and food service accommodations, and a large multi- level parking garage centrally located to serve all five terminals. From Hopkinton, Logan Airport is accessible by Logan Express service in Framingham, MBTA commuter rail, or by car. Regional airport facilities exist in Worcester, MA, Manchester, NH and Providence, RI, and at 64 Hanscom Field in Bedford. Privately owned general aviation facilities are available in Marlborough and Hopedale. Pedestrian/Bicycle Paths Hopkinton has a number of open space trails for walking and hiking, but no bicycle paths. Recreation surveys have consistently indicated significant interest in bicycle trails in Hopkinton. In 1997, the Metropolitan Area Planning council prepared a preliminary feasibility study for construction of an inter-local trail network. The 20-mile Upper Charles Trail would provide off- road access for walking, bicycling and cross-country skiing in Milford, Holliston, Sherborn Ashland and Hopkinton via unused or abandoned rail beds. Subsequently, the Town opened up and constructed the Center Trail, a portion of the future Upper Charles Trail, between Main Street and Chamberlain Street. Milford has constructed most of its section of the Upper Charles Trail, and Holliston is actively constructing portions. In 2012 Hopkinton established the Upper Charles Trail Committee, whose mission is to accomplish the Hopkinton portion. Trail planning is underway. In addition to dedicated bike paths, bike lanes on roads in Hopkinton that can accommodate them would improve safety for bicyclists and reinforce the reality that bicycles and vehicles share the road. Sidewalks Hopkinton master plans since the early 1990’s have encouraged sidewalks throughout the Town. While there are more networked sidewalks now than there were in 1993, portions of the Town are underserved by sidewalk infrastructure. With a population of around 16,000 people and busy roads, sidewalks in Hopkinton are important to keep people safe and healthy, and to provide an alternative to automobile use. An online sidewalk survey conducted by the Planning Board in the summer of 2013 yielded in 99 responses identifying 21 streets with specific sidewalk recommendations. Ash Street, East Main Street, Hayden Rowe Street and West Main Street yielded the highest number of responses. In response, the Planning Board developed a Sidewalk Plan, and town meeting voted in 2014 to fund sidewalk construction and maintenance. Many of the priority sidewalk areas identified in the survey and by the Board have been addressed. Scenic Roads Since 1973, Hopkinton has taken an active role in designating scenic roads under M.G.L. c.40, Section 15C and adopted a Scenic Road Bylaw (Chapter 160, Hopkinton General Bylaws). Today, 17 streets are protected under the Scenic Roads bylaw. The bylaw requires a public hearing prior to any cutting of trees exceeding 3” in diameter, altering or repairing of stone walls, or conducting road maintenance or repair work within the layout of the road. In order to increase the awareness of scenic roads, the Planning Board, with the assistance of the Hopkinton DPW, spearheaded the installation of “Scenic Road” street signs at entrances to scenic roads. In addition, the Town sends an informational letter to all purchasers of homes or land on a scenic road, and information is posted on the Town website. Local Traffic Conditions Hopkinton residents are concerned about increasing traffic congestion in the downtown area, particularly the intersection of Cedar Street and Main Street (Routes 85/135). They also see 65 more general traffic on side roads, including a significant amount of truck traffic. The overall length and weight of trucks has increased over time, which makes it more difficult for trucks to negotiate intersection and turnarounds. In addition, growth in truck traffic adds wear and tear on roads that were never designed to handle heavy vehicles, which increases the Town’s maintenance costs. The conditions at the Route 85/Route 135 intersection were improved with new signalization and the addition of a right turn lane onto Main Street from Grove St., the “intermediate improvements” mitigation required of Legacy Farms. Full build improvements will further modify the intersection as the development builds out. In addition, in 2014, the Town has submitted a 25% design plan to MassDOT for the Main Street corridor in the downtown area, which will provide a range of improvements for both pedestrians and vehicles. The Town has a consultant under contract to complete the 100% design in 2016. The Project is also listed of the MPO’s TIP list for construction funding in 2019, but additional funds will need to be appropriated at a future Town Meeting to move forward with construction. Traffic safety conditions are anticipated to improve in the vicinity of the West Main Street/School Street intersection now that the construction of a traffic signal at that location is complete. This should resolve a long-standing problem of safety and congestion. Change in Average Daily Traffic (ADT): Hopkinton, 2005- ADT YEAR Highway Traffic Count Location 2005 2006 2007 2008 2009 Route 135 West of I-495 N/A N/A N/A 5,900 5,858 Route 135 Ashland Town line 7,232 N/A N/A N/A N/A I-495 Milford Town line 82,983 83,239 86,400 82,652 108,339 I-495 South of I-90 98,876 99,714 94,058 94,000 113,026 ADT YEAR Highway Location 2010 2011 2012 2013 2014 Route 135 West of I-495 5,445 5,559 5,608 5,652 5,827 Route 135 Ashland Town line N/A N/A N/A N/A N/A I-495 Milford Town line 109,000 112,271 114,641 114,708 111,840 I-495 South of I-90 113,000 116,232 117,257 118,280 115,323 Source: MassDOT JOURNEY TO WORK Highway access clearly matters to Hopkinton. During the 1990’s, local residents became somewhat more dependent on their own cars to travel to and from work. Census 2010 statistics show that 77.9% of the Town’s labor force drives alone to work each day, followed by 6.1% 66 using the commuter rail, 2.4% carpooling, 2% walking and 1.06% using the bus, subway, and other means. This is in contrast to the 2000 statistics where 84.9% were driving alone, 2.1% were using the commuter rail, 5.6% were carpooling and 1.94% were traveling by other means. About 8% of the labor force works at home, compared to 5% in 2000. It is important to note that the MBTA commuter rail station opened in Southborough in 2004, which likely accounts for more Hopkinton residents using the commuter rail. In addition, some of the increase in persons driving alone to work reflects growth in the number of residents working locally. Since Hopkinton lacks town-wide public transportation, residents with a local job have little choice but to drive to work unless they live close enough to their place of employment to walk or bicycle. Also, Hopkinton has more home-based workers today than in the past, which may be due to changes in technology. Modes of Travel: Hopkinton Labor Force Census 2010 Census 2000 Census 1990 Employed Labor Force Total % Total % Total % Live & work in Hopkinton 1,752 23.7% 1,331 20.3% 917 18.8% Work elsewhere 5,147 69.5% 5,218 79.7% 3,949 81.2% Total Employed Labor Force 7,080 100% 6,549 100% 4,866 100% Means of Transportation Car, truck or van: 5,686 5,929 4,487 Drive alone 5,518 77.9% 5,559 84.9% 4,085 83.9% Carpooled 168 2.4% 370 5.6% 402 8.3% Public transportation: 470 164 45 Bus or trolley bus 33 0.5% 16 0.2% 0 Streetcar or trolley car 0 0 0 Subway or elevated 4 0.06% 13 0.2% 0 Railroad 433 6.1% 135 2.1% 45 0.9% Ferryboat 0 0 0 Taxicab 0 0 0 Motorcycle 0 0 4 0.1% Bicycle 0 0 0 Walk 144 2.0% 85 1.3% 85 1.7% Other means 35 0.5% 37 0.6% 27 0.6% Work at home 564 8.0% 334 5.1% 218 4.5% Source: U.S. Census; American Community Survey 2011 REGIONAL PLANNING For Hopkinton and other communities nearby, planning for major transportation improvement projects is carried out by the Boston Metropolitan Planning Organization (Boston MPO), a 67 consortium of MAPC, the Regional Transportation Advisory Council (RTAC), the Massachusetts Executive Office of Transportation, MassDOT, the MBTA and MBTA Advisory Board, MassPort, the cities of Boston, Beverly, Everett, Newton, Somerville and Woburn, and the towns of Arlington, Bedford, Braintree, Framingham, Lexington, Medway and Norwood. Boston has a permanent seat on the Boston MPO; all other municipal representatives are elected annually by members of MAPC. The Federal Highway Administration and Federal Transit Administration serve as ex officio members of the Boston MPO. A related agency known as the Central Transportation Planning Staff provides technical, policy and planning assistance to the Boston MPO. Regional transportation planning is a complex process involving many constituencies, considerable public expense and ongoing technical documentation. The significant regional plans affecting Hopkinton include the BostonMPO’s 25 year regional Transportation Plan, the five-year Transportation Improvement Program and Air Quality Conformity Determination, the annual Transportation Improvement Program (TIP), which becomes part of the State Transportation Improvement Program, and the Unified Work Program, submitted to the federal government for funding and certification each year. In turn, the state allocates federal funds from various programs to support roadway and bridge improvements, bicycle facilities, and pedestrian and streetscape enhancements. Through the TIP process, the Simarano Drive exit off I-495 was constructed in 2004. By law, the transportation planning process must culminate in a set of proposed projects that do not exceed the estimated federal funds that will be available in any given fiscal year. As a result, many fundable projects have to be excluded from the annual TIP, although they can be restored by amendment if the actual amount of federal funds exceeds what planning and state highway officials originally expected to receive. Sometimes, however, the amendment process results in fewer projects because the construction cost estimates for TIP-approved projects exceed the estimates used to prepare the original transportation budget. The 2016-2020 TIP includes the Rt. 135 intersection improvements in the Universe of Projects, with the replacement of the bridge on Fruit Street over the CSX/Sudbury River programmed for 2018. Of interest to Hopkinton from a regional perspective, is MassDOT’s I-90/I-495 Interchange Improvement Project (the Interchange Project). The need for the Interchange Project has been well-documented in recent transportation planning and economic development efforts by state, regional and local officials. In March of 2015, MassDOT filed an Environmental Notification Form with MEPA. Also, the implementation of the All-Electronic Tolling System (AETS) along the entire length of I-90 and associated toll plaza demolition in 2016 will affect congestion at the interchange. This is of concern because the Hopkinton Fire Department responds to approximately 100 calls per year along I-495 and its associated ramps. Safety improvements could reduce this number. Conversely, the failure to improve safety could result in more calls. 68 ISSUES Roads According to a buildout study prepared by MAPC in 2000, Hopkinton was anticipated to see an additional 47 miles of roadways by the time it reached full development. Achieving balance between scenic roads, public safety and convenient travel will be increasingly challenging for Hopkinton as the Town continues to grow. The development of Hopkinton’s remaining land presents opportunities for an extensive public discussion about the relationship between transportation and land use. As an alternative to road widening, signalization and other expensive means to control traffic, the Town may need to consider “traffic calming” options to address speed and traffic volume on existing and new streets. In addition, the safety, construction cost and maintenance of public sidewalks, less costly alternatives, and environmental impacts will need to be explored. Sidewalks, Pedestrian & Bicycle Facilities The I-495/West Main Street intersection remains a formidable obstacle to pedestrian and bicycle traffic. The Downtown Plan, in the design stage, will need to accommodate pedestrians and bicyclists safely. Further development along West Main Street from the end of sidewalk near Whalen Rd. at least to Downey Street, must include a sidewalk component. Responses to a 2013 Sidewalk Survey indicated other areas of need and concern which should be addressed, including Ash Street, East Main Street and Hayden Rowe Street, all busy roads with pedestrian traffic. Gaps in the existing sidewalk network should also be addressed. Some are very short sections that will complete a network. Two bike racks were added within the last few years via a state grant, at the Public Library and at Sandy Beach. Additional facilities and accommodations for bicycles will be important as the Upper Charles Trail in Milford and as expanded into Hopkinton gains greater usage. Public Transportation The I-495/Rt. 9 study completed in 2013 included a review of public transportation and the importance of linking the Worcester oriented system to the Metrowest Regional Transit Authority. Another study is underway which looks at links between the Metrowest Regional Transit Authority system and the GATRA system in neighboring communities to the south. 69 Fostering links between separate systems allows for greater overall use of public transportation in the area. 70 Sidewalk Plan Hopkinton residents are walkers and runners, and value being outdoors. Residents want to walk to schools, to the center of town, and within and between neighborhoods. Many of our streets are narrow and winding scenic roads, some created before the automobile, which are attractive places and help to define our community. Some of our roads are straight and wide with a lot of traffic. In all of these circumstances, people are trying to safely walk and run within the roadway because there are limited sidewalks. Walking is a basic and important component of a transportation network, and the Town has reached a critical mass of traffic and pedestrians, which needs to be addressed by separating pedestrians and vehicles where possible. A complete sidewalk network means improved pedestrian safety, improved health and wellness, and improved access to schools and local activities. Sidewalk Surveys on the Town website in 2013 and 2016 yielded good responses. People were asked for their opinion as to where sidewalks were needed. All or parts of many streets were mentioned, as well locations where existing sidewalks were in need of repair. Several of the streets are designated scenic roads, typically narrow and winding with limited rights of way. The Board established priority sidewalk areas based on the 2013 survey results, and these areas have largely been addressed with new sidewalks constructed in 2014 and 2015 on Ash Street, West Main Street and Wood Street. Based on the 2016 survey responses and consideration of planning for bike path, trail and transportation connections, the Board recommends the following: Recommendations A.Sidewalks should be considered an integral part of the overall transportation network, and should not be thought of as a luxury. B.New sidewalks should be constructed as follows: West Main Street connecting Lumber Street to Downey Street and the Hopkinton Square shopping area, and beyond, to School Street if possible. If it is not practical or cost effective to go under Route 495 or cross the Lake Maspenock causeways on West Main Street, there are alternatives to consider. The east side of Hayden Rowe in the vicinity of the new elementary school; Hayden Rowe south of Granite Street, connecting to the Upper Charles Trail in Milford. C.Sidewalks on designated Scenic Roads should be designed to meander around significant trees and stone walls, so as to preserve the overall scenic character of the roadway. D.Sidewalks should be free from permanent items such as electrical boxes, utility poles and signage that unreasonably interferes with public access. E.Adequate funds for sidewalk design, permitting, construction and maintenance/repair should be annually budgeted on an ongoing basis. 71 TRANSPORTATION GOALS  Improve & maintain the existing transportation system to provide adequate service to accommodate future growth.  Provide alternatives to automobile transportation, including bicycle and pedestrian facilities and networks.  Improve public safety by addressing problematic and hazardous intersections. Action Plan 1. Improve operational capacity and safety at the following intersections.  The Route 85/Route 135 intersection in the Downtown: intersection alignment, signal timing, consolidated curb cuts, sidewalks, bicycle lanes, underground utilities, pedestrian safety improvements.  Lumber Street/West Main Street: signal timing, right turn lane from West Main St. eastbound onto Lumber Street, sidewalks, bicycle lanes.  Wood Street/West Main Street/Main Street: signal timing, improved truck turning.  Pleasant Street/Main Street: traffic signal, pedestrian safety improvements.  Chestnut Street/Hayden Rowe: traffic signal, pedestrian safety improvements. 2. Monitor the following intersections and anticipate changes as needed:  Legacy Farms North and Legacy Farms South intersection with East Main Street. Still under construction, the developer continues to be responsible for monitoring traffic counts and installing a traffic light when warranted. Turning at this location is difficult at peak hours.  South Street/West Main Street, including the I-495 ramps. This area should be carefully monitored as traffic volumes increase over time. 3. Improve the Main Street corridor to provide adequate parking, safe and efficient traffic flow, and bicycle lanes to facilitate downtown redevelopment and manage the growth of traffic from area development. 4. Improve the Hayden Rowe corridor to provide safe and efficient traffic flow and pedestrian and bicycle access to schools and neighborhoods. 5. Encourage residents and employers to promote and use public transportation, carpooling and ride sharing. Consider working with other towns in the region to encourage transportation demand management (TDM) practices as part of the review process for major development projects. 6. Encourage the discussion of mixed uses of corridors and its impact on the Town, i.e., does a bike path encourage connectivity or create a barrier for trail walkers. 7. Develop design and construction standards for old paper streets that will not be discontinued and could be proposed for construction in the future. 72 8. Develop plans and construct the Upper Charles Trail. Develop plans for providing bikeways around Hopkinton, connecting to neighborhoods, recreational facilities and downtown. Acquire land for these purposes as needed. 9. Make downtown more accessible for pedestrian and bicycle users, thus reducing traffic and congestion, and provide for full accessibility for persons with disabilities. 10. Improve pedestrian safety by providing sidewalks along heavily traveled routes throughout the Town and implementing the Sidewalk Plan. 11. Provide pedestrian links from Hopkinton to the MBTA station in Southborough on Route 85. 12. Provide all-day parking and/or shuttle service for carpool, bus and rail commuters. Consider Hopkinton State Park as one such facility. 73 Implementation Plan Action Plan Item Timeline Responsible Party Resources Needed TOWN OF HOPKINTON TOWN MANAGER'S OFFICE Norman Khumalo Town Manager 2017 Invitational Entry Application Process In accordance with Section 2 of the Hopkinton Marathon Policy, the Board of Selectmen invites applications for the upcoming 2017 Boston Marathon in the following manner: Invitational entry applications will be distributed to qualified organizations through a random selection that will take place at a Board of Selectmen meeting on Tuesday, December 6, 2016. In order to qualify for the random selection, an organization must fit one of two category descriptions outlined in the Town's Marathon Policy, namely: i. Organizations undertaking public service activities for the benefit of the Town of Hopkinton; or ii. Organizations undertaking public service activities within and for the benefit of the Town of Hopkinton. Each organization may request up to five (5) invitational entries. However, the Board of Selectmen will announce a cap of invitational entries that an organization could receive on the day of the random selection. Organizations that receive invitational entries through the December 15th random selection may then distribute them directly to individual runners that agree to raise money for the receiving organization, may not transfer entries to other organizations or individuals, and must agree to comply with all terms and conditions set by the BAA and the Town. Organizations wishing to apply, may only apply under one category. The Board requests that organizations who apply commit to a minimum of raising $5,000, per invitational entry they receive through the random selection. Qualified organizations that would like to be included in the random selection must fill out the BAA Invitational Entries Application, and submit to the Board of Selectmen's Office by Noon on Friday, November 22, 2016. Late applications will not be considered. Applications are available in the Board of Selectmen's Office (address below) or the Board of Selectmen's website: http://www.hopkintonma.gov/home/government/boards/bos. Applications will become available on Wednesday, November 2, 2016 at Noon. Please send all applications via email or hard copy to the Board of Selectmen's Office at: Board of Selectmen c/o 2016 Marathon Invitational Entries 18 Main Street Hopkinton, MA 01748 Email: mglynn@hopkintonma.gov (preferred) For questions, please contact Executive Assistant to the Town Manager, Maria Glynn, at 508-497-9700. TOWN OF HOPKINTON TOWN MANAGER’S OFFICE 18 Main Street, Hopkinton, MA 01748 508-497-9700; 508-497-9702 (fax) Norman Khumalo, Town Manager Selectmen@Hopkinton.org NKhumalo@Hopkinton.org Policy Statement This policy addresses how the Town of Hopkinton will manage payments and other benefits received from the Boston Athletic Association (BAA) in connection with the Town’s hosting of the annual Boston Marathon. 1. General Principles a. All payments received from the BAA should be directed to the Town Manager. No direct payments to Town employees or officials are permitted. This applies both to monetary and non-monetary payments. b. BAA monetary payments made to the Town as reimbursement for expenses incurred in connection with the Marathon should be considered a requirement of the issuance of Town permits for the Marathon, and not a gift. c. BAA monetary payments made to the Town over and above the amount paid as reimbursement for expenses may be considered a gift to the Town, and the use of such funds is subject to any conditions placed thereon by the BAA, as well as any further restrictions adopted by the Board of Selectmen pursuant to this policy. d. Town facilities will be made available for activities associated with the Boston Marathon according to the same rules and in accordance with the same terms that are applied to others. 2. Allocation of Invitational Applications Each year, the BAA provides to the Town of Hopkinton a certain number of invitational applications for the Boston Marathon. These applications provide for waivers of the normal qualifying requirements for the race. Due to the restricted nature of the Marathon and its renown nationally, the numbers assigned pursuant to these waivers have a financial value. This Policy formalizes a mechanism for the assignment of waivers that will meet the requirements of the BAA, allow all interested applicants a fair chance to receive a number, and raise funds for causes and organizations selected by the Board of Selectmen. On a yearly basis, beginning in 2013, the Board of Selectmen will distribute waivers received from the BAA to applicants who agree to use them to raise funds for organizations selected by the Board. The Board will initially allocate the waivers into categories. Potential categories that the Board of Selectmen may wish to consider for this purpose are: a. Town departments, boards, and committees that perform Marathon functions; b. Organizations undertaking activities for the benefit of the Town of Hopkinton; c. Organizations undertaking public service activities within the Town of Hopkinton; and d. Organizations undertaking public service activities within the Commonwealth of Massachusetts. Each year, beginning in 2013, the Board will publicly announce the categories that will be allocated waivers, and seek requests from organizations within each category that wish to receive funds raised by the waiver recipients. The Board will then select one or more organizations within each category as the designated fund recipients for that year. The Board will then establish a deadline for proposals from individuals who agree to use the numbers assigned pursuant to the available waivers in each category to raise money for one of the designated organizations. All recipients of invitational applications must agree to pay the applicable entry fee to the BAA and to pay the amounts specified in their proposal to the relevant organization. All recipients of invitational applications must agree to comply with all terms and conditions set by the BAA. 3. Bleachers The Board of Selectmen hereby delegates to the Marathon Committee the authority to allocate bleacher space at the Boston Marathon starting line. The Marathon Committee shall, after consultation with the BAA and subject to the approval of the Board of Selectmen, adopt rules and regulations governing the allocation of such bleacher space, and any fee to be charged therefore. A certain number of bleacher seats shall be made available to the BAA for the seating of its special guests. 4. Starting Guns The Board of Selectmen hereby delegates to the Marathon Committee the authority to select, on an annual basis and after consultation with the BAA, deserving Town residents to fire the starting guns for the “second wave” and “third wave” components of the Boston Marathon. The Marathon Committee shall, after consultation with the BAA and subject to the approval of the Board of Selectmen, adopt rules and regulations governing such selections. 5. Non-Monetary Payments and Other Benefits The Board of Selectmen hereby delegates to the Marathon Committee the authority to distribute any non-monetary payments or other benefits received by the Town from the BAA. The Marathon Committee shall, after consultation with the BAA and subject to the approval of the Board of Selectmen, adopt rules and regulations governing such distributions. 6. Reporting All organizations receiving funds and invitational applications pursuant to this Policy must make a full report thereof to the Board of Selectmen and to the BAA no later than 60 days after the Boston Marathon. BOS LIAISON LIST FY 2017 John C.Brian Claire Brendan Todd Norman Elaine FINANCE Accounting x Appropriation Committee x Board of Assessors x Treasurer/Collector's Office x Town Manager's Budget Advisory Team x Capital Improvement Committee x Cable Advisory Committee x PUBLIC SAFETY Animal Control Officer x Fire Department x Police Department x PERMITTING Board of Appeals x Conservation Commission x Planning Board x Inspectional Services x Board of Health x Permanent Building Committee x EDUCATION School Committee x Regional Vocational Technical School Committee x PUBLIC SERVICES Engineering/Facilities Department x Cemetery Commission x HUMAN SERVICES Town Clerk's Office x Personnel Committee x Council on Aging x Veteran's Services x ADA Oversight Committee x Veteran's Celebration Committee x Tax Relief Committee x CULTURAL/RECREATIONAL Marathon Committee x Public Library x Parks and Recreation Commission x Youth Commission x Community Preservation Commission x HISTORIC PRESERVATION Woodville Historic District Commission x BOS LIAISON LIST FY 2017 John C.Brian Claire Brendan Todd Norman Elaine Historical Commission x Historic District Commission x OTHER Commissioners of Trust Funds x Fruit Street x Lake Maspenock Dam Advisory Group x APPOINTED BOARD & COMMITTEE MEMBERSHIPS Hopkinton Cultural Council x Elementary School Building Committee (Life of the Project)x Upper Charles Trail Committee (3-Year Term; Expires June 30, 2019)x Open Space Preservation Commission (5-year term; expires June 30, 2021)x Sustainable Green Committee (1-year term; expires annually)x Affordable Housing Trust Fund (2-year term; expires June 30, 2017)x Marathon Fund Committee (1-year term; expires annually)x MetroWest Regional Transit Authority (MWRTA) (1-year term; expires annually)x Hopkinton 2020 Representative (Board discretion)x Charter Review Committee x Bos Liaison to Hopkinton Schools Athletic Field Subcommittee x .44 4 Special Announcement FAIRVIEW ESTATES GRACIOUS RETIREMENT LIVING is celebrating its Grand Opening and you are invited. Ceremonies begin at 11 am and go through 4 pm on Sunday, November 13th, 2016 with the ribbon cutting at 1:30 pm Information • Refreshments • Entertainment • Tours FAIRVIEW ESTATES Prstarr3r- ent 132 East Main Street, Hopkinton, MA 01748 For more information call 508-435-8370 Please Join Us on Sunday, November 27, 2016 at 12 o'clock to honor those from MetroWest who gave their lives during the war. Location: MetroWest Regional Transit authority (MWRTA) Rlantlin Rub 15 Rlantlin Arc. Framingham. M:% 1111112 Light refreshments will be served. The MetroWest Vietnam Veteran Monument is dedicated to the Gold Star families of: WILFORD H. BOURGEOIS ROGER D. BROWN PAUL M. CAHILL CHARLES L. CALLAHAN II JOHN CHASE THOMAS T. COLLINS EUGENE F. CORMIER DONALD CROWTHER EUGENE T. DALY RICHARD W. DEMERS THOMAS S. DONOVAN DOUGLAS H. D'ORSAY ROBERT A. DOTEN MICHAEL N. FLAHERTY THOMAS B. FLOOD KEITH M. FLUMERE ROBERT R. FOLEY THOMAS J. FOX DANA S. FROST LOUIS J. GENESEO THOMAS A. GHELLI ROBERT J. GRITTE WAYNE D. HAMEL GEORGE M. HANLON DENNIS M. HIGGINS DENNIS J. HORRIGAN KEVIN J. JOYCE JOHN J. KALEN KOSMAS P. KAPETANOPOULOS CLIFFORD LACHANCE WILLIAM LEONARD ALLEN R. LOANE BARRY LOWE KEVIN F. LYNCH JOHN M. MADDEN, JR. PAUL J. MARGIN ALBERT J. MCAULIFFE ROBERT J. MCDONOUGH JOHN B. MCMANUS THOMAS MICHAEL MICHAEL P. MINEHAN JOHN B. MURRAY JOHN M. NEALON DAVID G. OUELLET DAVID H. PALMIERI LOUIS E. PORRAZZO DENNIS M. POTEAT RICHARD A. RESTEGHINI RICHARD B. RINEHART RICHARD L. ROGERS CHARLES J. SABATIER, JR. JOSEPH A. SEAMAN GORDON A. SKINNER II DAVID F. SLEEPER DAVID M. ST JOHN FRANCIS C. SULLIVAN JR. KENNETH M. THIBAULT ELDON W. TOZER CARL D. WAKEFIELD ARTHUR E. WRIGHT III STANLEY J. YUREWICZ 10/24/2016 Town of Hopkinton, MA M ail ­ November 30th meeting ­ Building for the Futur e https://m ail.google.com /mail/u/0/?ui=2&ik=190ae6bc3e&view=pt&search=inbox&th=157f6307a7b389d5&siml=157f6307a7b389d5 1/2 Maria Gl ynn <m glynn@hopkintonma.gov> November 30th meeting ­ Building for the Future 1 mes s age S uburban Coalition <info@s uburbancoalit ion.org>Mon, Oc t 24, 2016 at 6:15 AM Reply ­To: info@s uburbanc oalit ion.org To: s elec tmen@hopk int onma.gov Suburban Coalition P.O. Box 103 Concord,  MA  01742 suburbancoalition.org  Adequate, Equitable, Reliable Preparing for 2017  Wednesday, November 30, 2016 7:30­9:00PM New ton Marriott 2345 Commonwealth Avenue, Newton, MA   Last spring, many local officials joined our effort to improv e Local Aid through the effort to secure greater State funding for education by funding the recommendations of the Foundation Budget Review Commission.   Please plan to join us again at our General Meeting of the Suburban Coalition on November 30 at 7:30PM at the Newton Marriot to continue the momentum With over 140 local boards signing our resolution in the springtime, the message about our local needs was representativ e of between 700 and 1000 elected and appointed local officials.  While  working one­on­one with each of our state legislators is equally important, the best way to really create change is when we collectively advocate a solid message from all cities and towns.  Please join us as we prepare for the next Massachusetts State legislative cycle.   10/24/2016 Town of Hopkinton, MA M ail ­ November 30th meeting ­ Building for the Futur e https://m ail.google.com /mail/u/0/?ui=2&ik=190ae6bc3e&view=pt&search=inbox&th=157f6307a7b389d5&siml=157f6307a7b389d5 2/2 The Suburban C oalition is a statew ide organization of local officials that advocates for the resources, funding and support at the s tate level to sustain thriving communities throughout the Commonw ealth. We work to ensure that every municipality has the resources to provide high­ quality ess ential services of life safety, educ ation and infrastructure maintenance to its citizens. We provide input to the state about loc al serv ices, s tate funding and state regulations. By speaking with one voice, we can address mutual problems more effectiv ely at the state level. The Suburban C oalition is the only statew ide organization that brings together Selectmen, School Committees  and Finance Committees and other local officials to jointly advocate for our communities. For more information, vis it ww w.suburbancoalition.org Questions? Contact Nancy Gallivan at nancygallivan@ suburbancoalition.org Sincerely, Nancy Gallivan Vice President              Subur ban Coali tion, ­, ­, MA ­ SafeU nsubscribe™ selectmen@hopkintonma.gov Forward email | U pdate Profile | About our servi ce provider Sen t by info@suburbancoalition.org in collaboration  with Try it free today Veteran's Celebration Committee Hopkinton, Massachusetts October 4, 2016 Brian Herr Selectmen Chairperson 18 Main Street Hopkinton, MA 01748 Re: Veteran's Day Dinner Dear Mr. Herr, The Veteran's Celebration Committee extends an invitation to you to join us for the annual Veteran's Day Dinner, Friday, November 11, 2016. This event is a free dinner for all Hopkinton Veterans. It is also a wonderful opportunity for our great veterans to spend the evening conversing with fellow veterans and enjoy special entertainment. The dinner begins at 6:OOPM, at the Woodville Rod and Gun Club. We would also like you to say a few words before dinner. Please share this invite with the entire board. We sincerely hope you will consider joining us this year. Please RSVP to me at whalen.michael@comcast.net. Respectfully, Michael Whalen, Chairtnan Veteran's Celebration Committee 1 | P a g e TO: Board of Selectmen FROM: Norman Khumalo DATE: September 16, 2016 REF: Staff Report – Board of Selectmen September 20, 2016, Meeting Several issues have come to the Town’s attention regarding alcohol licensing since the Board last revised the Town’s Alcoholic Beverage License Policy on April 26, 2016. Firstly, there has been a stated interest in establishing Bring Your Own Bottle (BYOB) practices in Hopkinton. Last summer, Chef’s Kitchen on Main informed the Town that it will be locating at 42 Main Street and that its business operation will include BOYB. At that time, Town Counsel advised that, per the Town’s Alcoholic Beverage License Policy, inclusion of a BOYB practice at Chef’s Kitchen on Main did not require a license. The absence of BYOB regulations in the Town Liquor Policy amounts to allowing BYOB practices except at licensed establishments (which may not allow BYOB, in addition to selling alcohol). On August 9, 2016, the Board asked the Town Manager to look into new regulations for BOYB. Attached is a draft BYOB regulation for the Board’s review. Secondly, the Board’s review of recent alcohol license violations at package stores in Town have pointed to the need for security video or audio recording to protect public safety. Per Town Counsel, the Board could consider the following camera policy: Security Cameras. All licensees shall install security cameras that record continuous video footage. Cameras recording still images at various time intervals will not satisfy the requirements of this section. The number and position of such cameras shall be adequate to capture each point of sale from the perspective of both the employee and the customer. In addition, Section 15 licensee shall have audio surveillance recording technology to capture conversations occurring at the point of sale between the employee and the customer. Section 15 licensees shall place a conspicuous sign at the door of the establishment, the point of sale, and under each camera, stating that the cameras record oral conversations, as well as video footage. If a microphone is located at the point of sale, signs shall be located at the door of the establishment and at the point of sale alerting individuals that a microphone is located at the point of sale that records oral conversations. If the Board is inclined to approve such a policy, then the Board could schedule a public hearing in December 2016. If, at the conclusion of the hearing the Board adopts the policy, all future package store licenses could carry this condition as it relates to operation and conduct of licensed premises. VII. BRING YOUR OWN BOTTLE (BYOB) WINE AND BEER ONLY LICENSE A. Policy The Board of Selectmen has determined that Bring Your Own Bottle (BYOB) may be permitted within the Town of Hopkinton pursuant to a BYOB License. No establishment shall permit BYOB unless it has such a license. B. Application 1. Applicants. Only establishments that have a Common Victualler’s license issued pursuant to M.G.L. c.140, §2 and that have been in operation for at least one year may apply for a BYOB license. No area licensed under a Package Store License, a Pouring License, or a Farmer Series Pouring Permit may be licensed under a BYOB license. A BYOB Licensee shall be permitted to obtain a Special Temporary License provided that no BYOB consumption occurs in those sections of the licensed premises subject to the Special Temporary License during the service authorized by the Special Temporary License. 2. Issuance. In addition to the conditions listed in Section III.B, the Board may consider whether the Applicant has complied with M.G.L. c.138, and these Policies in the past. 3. Form. Applicants shall provide the following: a. Town of Hopkinton General License Application Form; b. Floor Plan drawn to scale showing: i. Dimensioned floor area; ii. Proposed location where BYOB will be permitted; iii. Seats or bench areas, secured and/or moveable; iv. Entrances and exists; and v. Plan for the control of litter; and c. Local fee. 4. Outdoor Service. BYOB shall not be permitted in outdoor service areas unless the conditions in Section IV.D.2 are satisfied. 5. Changes or Modifications to Licensed Premises. No substantial physical changes to the licensed premises shall be made without the prior approval of the Board of Selectmen. 6. Public Hearing. A public hearing shall be conducted within 30 days of acceptance of an Application. Notice in the paper or to abutters is not required. C. Conditions: It is the obligation of the Licensee to ensure compliance with the following conditions: 1. Consumption. Patrons may be allowed to carry-in wine and beer only for personal consumption in the licensed area. The following are the maximum amounts of wine or beer that may be carried-in and consumed by any one patron in the course of any given calendar day: a. One 750 milliliter container of wine; or b. Four containers of beer (not to exceed 48 ounces in total). 2. Hours. No alcoholic beverage shall be consumed outside the hours of permitted sale established in Section IV.B.1. 3. Large Group Functions. Patrons renting out portions of or the whole licensed premises for a private party larger than ten persons shall not be permitted to bring in their own alcoholic beverages for consumption. In such cases, a Special Temporary License shall be required. 4. Operational Requirements. The Licensee shall comply with Section IV.F. 5. Age Requirements. All patrons wishing to carry-in alcoholic beverages and all persons consuming alcoholic beverages must be over the age of 21 year of age. The licensee’s on-duty manager must verify the age of any patron consuming alcoholic beverages who appears under the age of 30. This provision shall not preclude patrons under the age of 21 from sitting at a table with patrons over the age of 21 who are consuming alcoholic beverages. 6. Food. All patrons consuming alcoholic beverages must order food from the menu. 7. Handling of Alcoholic Beverages. Employees assisting or clearing the table of patrons consuming alcoholic beverages must be 18 years of age or older. 8. Service. Employees shall not serve alcoholic beverages to patrons. This includes opening, pouring, storing, refrigerating or resealing. Employees may provide bottle openers, re-sealers, and to-go bags for use by patrons. 9. Removal from the Premises. No open alcoholic beverage shall be removed from the premises unless it is resealed, and the resealed container is placed in a bag. 10. Alcohol Training. The Licensed Manager, Assistant Managers, or any Shift Managers, shall comply with Section IV.G, above. 11. Posting License. The BYOB License shall be posted in a visible location. 12. Additional Conditions. Nothing in this Policy shall preclude an establishment with a BYOB license from imposing additional limits or restrictions on patrons consuming alcoholic beverages. The Board may also impose additional reasonable conditions on the issuance of any license issued pursuant to this Section, or change or add to any license conditions or any regulations after notice to the licensee, as provided in Section III.C. D. Duration: All licenses are valid through December 31 of each year. Applications to renew shall be signed and filed with the Board of Selectmen by November 30. Failure to file an Application to renew by the deadline shall result in loss of license; and any subsequent license request must then be deemed a new Application. E. Conversion to a Pouring License: If a BYOB Licensee submits an Application to sell alcoholic beverages pursuant to M.G.L. c.12, the Licensee shall be permitted to operate under its BYOB license until issuance of the Pouring License. Issuance of a BYOB license, however, shall not be deemed to create a presumption of either the appropriateness of a Pouring License at that particular location or the fitness of the applicant. F. Violations 1. Enforcement. Whenever any BYOB licensee fails to maintain compliance with the requirements of any state or local regulation, or any reasonable requirements of the Board, the Board may, after an opportunity for hearing, modify, suspend, cancel or revoke such license. In its discretion, the Board may rely upon Section IV.K.2 in determining an appropriate penalty. 2. Notice. Notice of a warning or suspension shall be posted as provided in Section IV.K.3. October 24, 2016 Norman Khumalo Town Manager 18 Main Street Hopkinton, MA 01748 Re: Security Camera Policy Hello Norman: You have asked our office to prepare a proposed amendment to the Hopkinton Board of Selectmen’s liquor license policy that requires Section 15 Package Store licensees to have security cameras. Specifically, the cameras must capture the point of sale from the perspective of the employee and the customer, and have both audio and visual recording capabilities. M.G.L. c.138, §23 permits the Board to place “reasonable requirements” upon a liquor license. “Reasonable conditions are conditions which relate to the operation and conduct of the licensed premises, so long as they do not conflict with the law or public policy.” In re Fernandez Brothers Liquors, Inc., ABCC Decision (Mar. 23, 2016). Therefore, “conditions imposed by the Local Board [that are] contrary to law [and] against public policy [are] unreasonable.” I am unaware of any case where the courts or the ABCC found a condition to be unreasonable based only on public policy reasons. Compare In re Karen McGovern, Inc. d/b/a Puffins Restaurant, ABBC Decision (Nov. 13, 2014) (Commission disapproved conditions for hours of operation imposed by a Local Board because conditions violated the statute); In re Abracadabra Flower & Gift Service, Inc., ABCC Decision (Dec. 4, 2012) (Commission disapproved a Local Board’s denial of a Section 15 retail package store license as being contrary to law because the applicant would not accept the condition of non-transferability of the license); In re Donohue Holdings, Inc. d/b/a Donohue’s, ABCC Decision (May 25, 2012) (Commission disapproved Local Board decision imposing conditions restricting the months and hours of alcoholic beverage sales in its outdoor seating section, as contrary to those expressly authorized by statute). On the other hand, I know of no decision addressing a license condition requiring security video or audio recording. Nevertheless, it seems likely that the ABCC or a court would find a requirement mandating package stores to have video security footage to be reasonable. Installing video security protects the public safety by ensuring that the licensee complies with the law. Furthermore, individuals do not have an expectation of privacy in public spaces and often expect to be videotaped when entering a store. Norman Khumalo October 24, 2016 Page 2 of 3 Lastly, the installation of a video camera will not significantly impact the business operations of the licensee. However, a condition requiring licensees to capture oral communications at the point of sale seems more problematic. Unlike typical video security cameras, security cameras with high quality audio can be very expensive. It is also unclear whether a camera with a microphone would be able to capture a conversation at the point of sale. Rather, it may be necessary to place the microphone at the point of sale, which would need to be linked to the security video footage in order to guarantee accuracy. This would result in additional costs. On the other hand, it is unclear how much benefit an audio recording requirement can achieve, especially if video cameras are also required. There are likely few instances (mostly involving service to intoxicated persons) where an audio recording would capture an illegality that a video camera would miss. Accordingly, this condition should be approached with caution.1 If the Board wishes to impose an audio recording requirement, it will be necessary to articulate its reasons clearly. Additionally, the Board should state its rationale for imposing the video and audio requirement on Section 15 licensees, and not on Section 12 licensees.2 The following draft language could be used: IV.E.5. Security Cameras. All licensees shall install security cameras that record continuous video footage. Cameras recording still images at various time intervals will not satisfy the requirements of this section. The number and position of such cameras shall be adequate to capture each point of sale from the perspective of both the employee and the customer. In addition, Section 15 licensee shall have audio surveillance recording technology to capture conversations occurring at the point of sale between the employee and the customer. Section 15 licensees shall place a conspicuous sign at the door of the establishment, the point of sale, and under each camera, stating that the cameras record oral conversations, as well as video footage. If a microphone is located at the point of sale, signs shall be located at the door of the establishment and at the point of sale alerting individuals that a microphone is located at the point of sale that records oral conversations. _________________________________ 1 In addition, because it is illegal in Massachusetts to record an oral communication without the other party’s knowledge (M.G.L. c.272, §99(C)(1)), Section 15 licensees would have to place conspicuous signs alerting individuals that they are being recorded when they enter the store. 2 Sales at Section 15 licensee premises typically occur at a counter or a few check-out counters. Section 12 licensees typically conduct sales throughout the premises, making audio recording extremely difficult. Vliyares and Harrington LLP Norman Khumalo October 24, 2016 Page 3 of 3 Please let me know if you have any questions or concerns. Sincerely, J. Ray ond Miyares 10/27/2016 Town of Hopkinton, MA Mail ­ Massachusetts Departm ent of Transpor tation Toll Plaza Demolition and Roadway Reconstruction Update https://m ail.google.com /mail/u/0/?ui=2&ik=190ae6bc3e&view=pt&search=inbox&th=15802af51ed1c0c2&siml=15802af51ed1c0c2 1/2 Maria Glynn <mglynn@hopkintonma.gov> Massachusetts Department of Transportation Toll Plaza Demolition and Roadway Reconstruction Update 1 mes s age MassDOT <mas s DOT@public.govdeliv ery.c om>Wed, Oc t 26, 2016 at 4:29 PM Reply ­To: mas s DOT@public.gov deliv ery.c om To: s elec tmen@hopk int onma.gov You are subscri bed to Tol l Plaza Demolition and Roadway Reconstruction Project Updates from  Massachusetts Departm ent of Transportation. Thank  y ou for y our interes t in the MassDOT Toll Demolition and Roadway  Recons truc tion Projec t. 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Title VI Notice of Nondis c riminat ion: MassDOT c omplies  with Title VI of  t he Civil Right s  Act  of  1964 and relat ed f ederal and s t ate statut es and regulations. It is the policy  of Mas s DOT to ensure t hat no pers on or group of persons  shall on the grounds  of Title VI prot ected cat egories , including race, color, national origin, or under additional federal and st ate protec ted categories inc luding s ex , age, disability, s ex ual orientation, gender identity or expres sion, religion, c reed, anc estry, veteran's s tatus (inc luding Viet nam­era vet erans ), or bac k ground, be ex c luded from participation in, be denied the benefits  of , or be otherwise subjected to discrimination under any program or activity  administered by Mass DOT. To reques t addit ional informat ion about  t his  commitment , or to file a c omplaint under Title VI or a related nondiscrimination provision, pleas e c ontact  MassDOT's  Title VI Spec ialis t by  phone at  (857) 368­8580, TTY at (857) 368­8580, f ax (857) 368­0602 or by  e­mail at MASSDOT.CivilRights @dot.state.ma.us.    If informat ion is  needed in another language, pleas e c ontact  t he MassDOT Tit le VI Specialist by phone at (857) 368­ 8580.    Cas o est a informaç ão s eja neces s ária em outro idioma, f av or cont ar o Espec ialis ta em Tít ulo V I do Mass DOT pelo fone 857­368­8580. Si nec es ita inf ormación en otro lenguaje, favor contactar al espec ialis t a de MassDOT del Tí tulo VI  al 857­368­8580. 如果需要使用其它语言了解信息,请联系马萨诸塞州交通部(Mas sDOT)《民权法》第六章专职人员,电话 857­368­ 8580。 如果需要使用其它語言了解信息,請聯系馬薩諸塞州交通部(Mas sDOT)《民權法》第六章專職人員,電話 857­368­ 8580。 10/27/2016 Town of Hopkinton, MA Mail ­ Massachusetts Departm ent of Transpor tation Toll Plaza Demolition and Roadway Reconstruction Update https://m ail.google.com /mail/u/0/?ui=2&ik=190ae6bc3e&view=pt&search=inbox&th=15802af51ed1c0c2&siml=15802af51ed1c0c2 2/2   Questions?   Contact Us STAY CON NECTED:         SUBSCR IBER SERVICES: Manage Preferences  |  Unsubscribe  All  |  Subscription Help This e mail was sent to selectme n @h opkin ton ma .g o v using  GovDelivery, o n beha lf o f th e: Massachuse tts Dep a rtment o f Tra nspo rtatio n · 10 Park P la za, Suite  41 6 0 · Boston , MA 0 211 6 8 77­623 ­68 4 6