HomeMy Public PortalAbout20160926 - Planning Board - Meeting Minutes
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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
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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
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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
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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
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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
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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
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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