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HomeMy Public PortalAbout20160926 - Planning Board - Meeting Minutes 1 HOPKINTON PLANNING BOARD Monday, September 26, 2016 7:30 P.M. Town Hall, 18 Main St., Hopkinton, MA MINUTES MEMBERS PRESENT: Kenneth Weismantel, Chairman, Brian Karp, Vice Chairman, David Paul, Vincent Cerulle, Matthew Wade, Frank D’Urso MEMBERS ABSENT: Cliff Kistner, John Ferrari, Fran DeYoung Present: Jennifer Burke, Principal Planner; Cobi Wallace, Permitting Assistant Mr. Weismantel opened the meeting, thanked HCAM for recording the meeting, and summarized the Agenda. He noted the Board is short three members tonight, and the public hearing for the proposed amendment to the Legacy Farms Master Plan Special Permit to allow 180 additional (age-restricted) units will be continued to the next meeting. He stated the Board of Selectmen met with him in response to the Board's letter regarding safety issues on Wilson St. with respect to the LNG facility, and at their last meeting they voted to instruct their staff to work on a Wilson St. barrier and investigate the installation of additional gas lanterns. 1. 85 West Main St. – Proposed Parking Lot Modifications Mr. Weismantel stated the new owners of the 85 West Main St. development are proposing a parking lot management plan, additional signage, two more parking spots by removing some green area, and a change in the species of one tree. He stated he assumes this can be considered an administrative change without the need for a public hearing, and the Board agreed. Victor Teglasi, owners’ representative, appeared before the Board. He noted the last time he met with the Board, he was asked to make sure the easement for the right turn lane along West Main St. is recorded as soon as possible. He noted the documents have now been signed, and Mr. Weismantel stated they are at Town Counsel’s office for further processing. Mr. Teglasi stated they want to install two “20 Minute Parking” signs on the Starbucks building as shown on photos submitted to the Board. He noted he met with Starbucks and they support the effort. Mr. Weismantel stated these particular signs are within the requirements of the Sign bylaw, not near a handicapped spot, and could be acceptable if the Board agrees. Mr. Karp noted he generally likes this approach, but sometimes people go into a Starbucks and stay there for a good hour or more, and he is afraid time limits here will cause Starbucks customers to inconvenience the other businesses by taking up their parking spaces. Mr. Teglasi noted Unibank has its own spaces and signage so won’t be affected, and they are proposing “1 Hour Parking” signs to be posted at the Verizon store and nail salon. Mr. Karp asked about enforcement. Mr. D’Urso arrived at this time. Mr. Teglasi stated enforcement is very important and will be up to their property manager. Mr. Weismantel asked about people using the area for “park & ride”, and Mr. Teglasi noted he 2 actually caught someone doing that today and informed this person that parking at 85 West Main St. is for customers only and the next time the car will be towed. Mr. Weismantel referred to the request for two “1 Hour Parking” signs for the nail salon/Verizon outlet portion of the building. Ms. Burke noted based on the allowed square footage under the bylaw the Board can only allow one of these signs there, and one of the proposed signs appears to be at a handicapped spot which is not allowed under Massachusetts General Law. Mr. Teglasi stated the Board already approved one of the handicapped spots to be changed back to regular, and it was decided to locate the sign in the middle with arrows in both directions. Mr. Karp stated it appears they are looking at an old plan, and Mr. Teglasi noted they have not yet had a chance to make the changes previously approved by the Board. Ms. Burke noted the change could not take effect until the easement was transferred, and that happened only a little while ago. It was determined there is consensus on the Board to approve the request as discussed and modified tonight. Mr. Teglasi noted he is a licensed civil engineer and has looked at traffic circulation and movement within the area. He noted he thought they could make some changes to the landscaping without jeopardizing the required percentage within the parking lot. It was determined they currently have 11.9% interior landscaping, and Mr. Teglasi stated that after the proposed changes the percentage will still be in compliance. Mr. D’Urso stated under Conservation Commission (ConCom) approval there is a tradeoff for bringing this configuration into existence, and making changes within the 50/100 ft. buffer zones of the wetlands will require additional review first. He stated he feels the applicant is going about this the wrong way and already got something he should not have gotten, including a reduction in the number of handicapped spots, and the applicant has not shown any kind of metric. Mr. Teglasi noted he has two tenants who are ready to leave because of this. Mr. Weismantel noted he feels they should try working with the businesses and things are not always absolutely right. He stated he is not familiar with the ConCom conditions and the applicant may have to go back to the Commission, but it only concerns a reduction of less than 300 sq. ft. of landscaping, it won’t be unsafe, the plan shows 2 handicapped spaces which meets the requirement, and he does not mind making changes if there is a good reason. Mr. D’Urso stated he is sorry if he seems brusque but he feels the Board should have a metric before allowing additional changes to be made. Mr. Paul stated they already voted to return one handicapped space and approve the parallel spot in the back, and asked if it is possible that the changes made so far will help before removing some of the landscaping. Mr. Teglasi noted they meet the requirements and asked why they are being asked to exceed them. He noted the owners and the Planning Board have a shared responsibility for this problem, and a parking management plan is not a total solution as already indicated by the Board at the previous discussion. Mr. Paul stated he agrees with Mr. Weismantel with respect to wanting to work with the businesses but they also want to be a “green” town. He asked if the Board is obligated to allow the change, and Mr. Weismantel stated no, but on the other hand he does not want to turn down the request. In response to a question of Mr. Karp, Mr. Weismantel suggested approving the change subject to ConCom approval, and Mr. D’Urso stated he appreciates that approach. Mr. Weismantel noted prior to redevelopment there was essentially no stormwater management and the ConCom was happy with the improvements. Mr. D’Urso stated any reduction in green space would have an impact on this area and the fact that this is considered to be the gateway to the Town was also important to the Commission. Mr. Weismantel stated he feels this small amount of green space certainly plays a part but does not significantly contribute to the health of the adjacent wetlands. Mr. D’Urso noted it is part of the 3 stormwater management calculations. Mr. Cerulle stated the new space on the West Main St. side would be very close to the entrance and asked if this would create a hardship for people trying to back out while others are pulling in from a very busy street, especially under snowy conditions. Mr. Weismantel stated that is a good question, also considering the future turning lane, and Mr. Teglasi noted there is plenty of sight line distance and he does not expect a problem with that. Mr. Cerulle asked about the status of finding an alternative solution for employee parking, and Mr. Teglasi stated they are still working on that. Mr. Teglasi stated they would like to install a small monument sign near the Lumber St. driveway, and apologized for not bringing a picture. He used his cell phone to show what they have in mind, and the Board determined it is admissible as an exhibit but asked the applicant to submit it electronically. Ms. Burke noted this sign is allowed under the bylaw but there is a maximum size. It was noted the sign will need to be reviewed by the Design Review Board (DRB) before a building permit can be issued and the process was explained. Mr. Teglasi stated they would also like one more “1 Hour Parking” sign to be attached to a light pole, and Ms. Burke noted they can only have 2 accessory signs per lot and there already are two for the Unibank drive-through lane, and therefore the applicant would have to go through the Board of Appeals for a variance. Mr. Teglasi asked for guidance, and Ms. Burke suggested talking to Unibank to see if they would be willing to give up one of their signs. Mr. Weismantel noted perhaps the Zoning Advisory Committee (ZAC) could take a look at this and figure out a way to get around this type of situation in the future. Mr. D’Urso suggested using painted pavement markings instead, and Mr. Weismantel noted that would be acceptable. Mr. D’Urso stated he is not against business, and would support a change if the bylaw is changed accordingly. He noted there is a letter from a concerned resident about the reduction in handicapped spots and he wants to make sure they do what is right for the entire town. Mr. Teglasi noted he would appreciate any support from the Board in this matter, and fixing this issue would be good for the businesses and the Town, and he is committed to try and find a better solution. The Board discussed the proposed tree replacement. Mr. Teglasi noted he likes the tree but it is already blocking the view of the building, and he showed the existing situation using his cell phone. Mr. D’Urso noted the ConCom put a lot of work into the design, and they will have to look at this from a drainage calculation standpoint. Mr. Weismantel noted the applicant has three alternative species to pick from as listed in Ms. Burke’s memo to the Board. Mr. MacDowell, Legacy Farms, LLC, stated he would recommend replacing it with a honey locust which has small leaves and can be selectively pruned. Mr. Paul suggested moving the tree to the grassy area on the south side of Starbucks and used his cell phone to show photos of the area in question. He asked if that would be ok with the ConCom, and Mr. D'Urso stated changes within 50 ft. of the wetland will affect the stormwater management calculations. Mr. Weismantel noted he is ok with replacing the tree, or moving it across the site near the Starbucks grassy area subject to ConCom concurrence. Mr. Paul asked if moving it to the green belt area along West Main St. could be an option, and after discussion this was determined not to be viable solution because of the future turn lane and retaining wall. Mr. D’Urso noted Starbucks is essentially where the Golden Spoon used to be, and the original idea was to have the bank in a central location. He noted the original developer then worked out a new design with the ConCom which included the Starbucks. He noted this was considered redevelopment of a previously disturbed area, and there was a lot of back and forth with respect to greenery and parking spaces and it was 4 worked out this way for a reason. Mr. Teglasi noted the parking space is paved, whether it is regular or handicapped. Mr. D’Urso stated he wants more information, and Mr. Weismantel stated they approved the plan not realizing that Starbucks is not a typical coffee shop, and the new owners just want a little relief. In response to a question of Mr. D’Urso, Mr. Weismantel noted the buildings at this point are 100% occupied, and if allowing 4 additional spaces does not help, businesses will start losing customers and the condition will be self-limiting. Mr. D’Urso stated the new owners bought into this the way it is and the same holds true for the tenants. He suggested the Board request the ConCom minutes on this issue as it would be helpful to the Board and the applicant to understand where they are coming from. Mr. Karp moved to find that the proposed changes are minor in nature and can be handled on an administrative basis, and approve the modifications to the approved site plan as discussed tonight: 1. Installation of one 1.5 sq. ft. sign to be attached to the building known as 87 – 89 (A & B) West Main Street in front of the Verizon store and Ideal Nails salon that reads “One Hour Parking Maximum. Violators Towed at Vehicle Owner’s Expense.”. Said sign not to be placed at a handicapped space. 2. Installation of two 1.5 sq. ft. signs to be attached to the building known as 85 West Main Street (Starbucks) that reads “Twenty Minute Parking Maximum. Violators Towed at Vehicle Owner’s Expense.”. Said signs not to be placed at a handicapped space. 3. Installation of a standing/monument type sign at the Lumber Street entrance to advertise Verizon and Ideal Nails. The sign cannot exceed 32 sq. ft. or be more than 10 feet in height. 4. Removal of the existing tree in front of 89B West Main Street (Verizon) to be relocated to a location south of the grassy area south of Starbucks subject to concurrence of the ConCom. 5. The addition of two parking spaces, one along West Main St. and one at 85 West Main Street (Starbucks) along Lumber St. and the removal of approximately 280 sq. ft. of landscaping in those locations, subject to concurrence of the ConCom. The tree near the parking area south of Starbucks should be moved to the adjacent grassy area. 6. Pavement markings indicating time limits of parking will be allowed. 7. The Planning Board will support the Applicant in an application to the Board of Appeals for approval to install a parking time limit sign to be attached to a light pole on the property. Mr. D'Urso moved to amend the motion to vote on the items separately, and there was no second to the motion. Mr. Wade seconded the original motion, and the Board voted 5 in favor, 1 opposed (D'Urso). 2. Master Plan Update Elaine Lazarus, Director of Land Use and Town Operations, joined the Board. Mr. Weismantel noted the Board will discuss the status of the Master Plan Update and outline the schedule going forward. He noted the public hearing will be held on November 21, 2016 and the Board is planning to reach out to the public for comments the day after the next meeting (October 11). He noted in the meantime the Board will send out a notice to all Boards and Committees later this week to explain the process for scheduling purposes. He noted 3 members are absent tonight and he would prefer to go over the document with a full board, but by October 12 the draft should be ready to go. Mr. Weismantel noted Ms. Lazarus is working on a change to the 5 Acknowledgements section to include a reference to the work of the Hopkinton Visioning Steering Group and add their names to the list of people who contributed to the plan. Mr. Cerulle stated he noticed some minor issues, and Ms. Lazarus stated he can talk to her about that now or email them to her. Mr. Cerulle asked if the section regarding Water Quality can be reworded, because it does not sound very good and residents may get concerned, but other than that everything looks good and the document is well structured. Mr. Paul stated he does not have his notes and is not quite prepared to comment, and it was noted there will be time at the next meeting. Mr. Wade noted it looks very good and asked if there is still an opportunity to make changes with respect to photos, etc., and Ms. Lazarus stated it is not too late and she is open to suggestions for better pictures and graphics. Mr. Karp noted unfortunately he did not have enough time to read the entire document, but so far he did not see anything that jumped out. Mr. D’Urso noted he has some minor items and will contact Ms. Lazarus via email. Ms. Lazarus asked if the Board would like a new redlined version at the next meeting, and it was determined it is not necessary to print out another copy until the final version. Ms. Lazarus left at this time. 3. Continued Public Hearing – Application to amend Legacy Farms Master Plan Special Permit – Legacy Farms LLC – Wilson St./Legacy Farms North – Proposal to increase the number of dwelling units by 180 age-restricted units Mr. Paul moved to continue the public hearing to October 11, 2016 at 8:00 P.M. Mr. D’Urso asked for clarification, and Ms. Burke noted the applicant agreed it would be more prudent because the Board is short 3 members tonight. Mr. D’Urso seconded the motion, and the Board voted unanimously in favor. 4. Legacy Farms North Road – Performance Guarantee Mr. MacDowell referred to the most recent version of the performance guarantee, and Ms. Burke noted copies were distributed to the Board. Mr. MacDowell noted he received pricing for paving, plantings and line striping, and everything came out to $366,102 subject to BETA Group review, however BETA’s number was more than twice this amount. He noted he spoke to Phil Paradis of BETA Group, who indicated he used the MassDOT book numbers and there were other issues as well. He asked if they could agree on something more reasonable, maybe closer to $400,000, because he does not want to pay twice as much for a bond for something that would not cost them that much. Ms. Burke stated she too talked to Mr. Paradis. She referred to the Subdivision Rules and Regulations and explained the Town’s amount is what it would cost the Town to finish the work, using prevailing wage, etc., in case the developer walks away. In response to a question of Mr. Karp, Ms. Burke noted she cannot quite reconcile everything, but these are the numbers provided by the consultant and it is up the Board if they want to go with a lower amount. Mr. D’Urso stated the Legacy Farms North road was built partially with state funding. He noted the Town by law has to get at least 3 estimates and go with the lowest bidder, and private companies would get a better deal. Mr. Paul asked about splitting the difference, and Mr. Weismantel noted the Board typically accepts the engineer’s recommendation, because all developers have the same type of argument. Mr. MacDowell noted he is asking for a little bit of relief, perhaps 60% more than his original estimate. Mr. Weismantel noted if the Town would ever get stuck with this project, he would not want to have to ask town meeting for additional funding. He noted they cannot trade a building lot for bonding, because that is now allowed, but 6 an insurance bond or cash is acceptable. Mr. Karp suggested asking BETA to explain and it was noted they already talked to them. He stated the Board wants to work with Mr. MacDowell however it has to do what’s necessary to protect the Town’s interest. Mr. MacDowell noted he does not disagree with the numbers but BETA is using MassDOT data, and Mr. Burke noted that is what they are supposed to do and a 20% contingency is required by the rules. Mr. Weismantel noted the developer can either get more work done or negotiate with BETA. He noted the Board can look at this at the next meeting and consider a reduction based on additional work done but right now the Board feels comfortable with BETA’s amount. Mr. D’Urso noted he is comfortable with BETA’s number, and suggested asking Mr. Paradis to come in and explain. Mr. Cerulle stated it looks there is no other option and he sees no reason for the Board to go against BETA’s recommendation. Mr. D’Urso moved to set the performance guarantee for completion of the Legacy Farms North Road and Frankland Rd. relocation at $776,581, and Mr. Cerulle seconded the motion. The Board voted unanimously in favor. 5. Request for Lot Release – Lot 1-1-1 – Legacy Farms LLC The Board reviewed the request for the release of Lot A-1-1 which was created through an approval-not-required plan at the last meeting. Mr. MacDowell noted according to his lawyer the Form K lot release is not tied to the submittal of a performance guarantee, and he will talk to Mr. Burke about that tomorrow. It was noted the form will be held pending receipt of the performance guarantee. A motion was made and seconded, and the Board voted unanimously in favor. Mr. Karp left the meeting at this time. 6. Legacy Farms - Updates East Main St. Sidewalk - Mr. MacDowell noted the last remaining piece has now been surveyed and the wetlands have been delineated. He noted they are planning to file with the ConCom soon, however this involves the area along the athletic parcel to be transferred to the Town and eventually there will be additional work to make a curb cut to get into the site. He asked about the status of the CPC-funded access/parking study for the municipal parcels, and Mr. Weismantel stated he has talked to the Park & Recreation Commission a couple of times about this and nothing has been done yet. He suggested Mr. MacDowell follow up with Bob Dobinski, Chairman, Parks & Recreation Commission, and let him know it would be critical to get that done so that the work can be coordinated. Mr. Paul stated at a previous discussion it was noted it would be a good idea to have the berm inside the guardrail, and he has some second thoughts about. He noted he spoke to John Westerling, DPW Director, who indicated the work probably won’t be done this fall anyway because of design concerns. It was noted Legacy Farms already painted a dotted line indicating the location of the proposed sidewalk extension. Mr. Paul noted he feels the existing sidewalk going west was installed incorrectly at street height without a berm, and Mr. MacDowell noted the new section will have a 6 in. raised berm, as recommended by Mr. Westerling. Legacy Farms North Status/Utilities and Road Work – Mr. MacDowell noted as far as his project is concerned, Eversource has all the main cables up and supposedly will be finishing the work within the next week or so. He noted a little section of pavement has to be redone near 7 Frankland Rd., and after that they can open up the road at any time. Mr. Weismantel asked about a ribbon cutting, and Mr. MacDowell stated that is a good idea and he will coordinate the event. Mr. D’Urso asked about the field trip to the Pulte age-restricted development in Holliston, and Mr. Weismantel stated it went well. Mr. Weismantel noted members who were unable to go last Saturday, will still be able to visit the development by contacting Pulte for a tour. He noted he also went to a similar development in Acton, and they will talk about it more during the next continued public hearing. Adjourned: 9:00 P.M. Submitted by: Cobi Wallace, Permitting Assistant Approved: November 7, 2016 Documents used at the Meeting  Agenda for September 26, 2016 Planning Board meeting  Memorandum to Planning Board from Jennifer Burke, Principal Planner, dated September 21, 2016 re: Items on September 26, 2016 Planning Board agenda  Email from Samara Solan to Jennifer Burke – (no subject) – re: 85 West Main St.; dated Sep. 7, 2016; Outline of Proposed Parking Sign Locations, 85 West Main St., including photographs; Approved Site Plan for 85 West Main St., marked up with proposed changes (undated)  Picture of Type of Standing/Monument Sign for Lumber St. presented on applicant’s cell phone  Picture of Tree at 89B West Main St. - presented on applicant’s cell phone  Photo of Starbucks building facing Lumber St. – presented on board member’s cell phone  2016 Hopkinton Master Plan – Working Draft – 9/15/16