HomeMy Public PortalAbout20161205 - Planning Board - AgendaTOWN OF HOPKINTON
PLANNING BOARD
Monday December 5, 2016 7:30 PM
Room 211, Town Hall, 18 Main Street, Hopkinton, MA
AGENDA
7:30 Public Hearing - Application for Minor Project Site Plan Review - Hopkinton Pediatric
Dental Assoc.- 79 Hayden Rowe
Proposal includes the construction of a 400 square foot and a 700 square foot single story
addition to the existing dental office.
8:00 Public Hearing - Application for Minor Project Site Plan Review - Eversource Energy -
52 Wilson Street
Proposal includes the expansion of the existing parking lot.
Business to be considered by the Board at any time during the meeting:
●Legacy North Villages - Modifications to Site Plan Approval
●66 Fruit Street - Request for Minor Modification to Site Plan Approval
●Approval-Not-Required Plan - 35-37 Hayward St. - William Tetlow
●Recreational Marijuana - Notice, Bylaw Amendment
●Proposed Charter changes
●Approve Minutes (October 24, 2016)
●Board member comments, reports, liaison reports, or future agenda items
●Correspondence
TOWN OF HOPKINTON
DEPARTMENT OF
LAND USE, PLANNING AND PERMITTING
TOWN HALL
18 MAIN STREET
HOPKINTON, MA 01748
508-497-9745
www.hopkintonma.gov
DATE: December 1, 2016
TO: Planning Board
FROM: Jennifer Burke, Principal Planner
RE: Items on December 5, 2016 Planning Board Agenda
1. Public Hearing – Application for Minor Project Site Plan Review – Hopkinton Pediatric
Dental Associates – 79 Hayden Rowe
The Applicant has applied for a minor project site plan review. A majority vote is required for
approval and a decision is due 90 days from the close of the public hearing.
I have prepared an outline for the public hearing (see enclosed). The Site Plan Standards are
attached to the end of the outline.
The proposed alterations include the construction of a 400 square foot and a 700 square foot
single story addition. The additions will provide office space, X-ray, storage and a conference
room; as well as new operatory space and a bigger waiting room. No new services are proposed
to the site. All proposed changes are outside Conservation Commission jurisdiction. The only
change to the parking lot is the relocation of the dumpster to allow for easier access.
The project is seeking a minor site plan review because the amount of square footage being
changed is less than 5,000. Under this review the Board can determine whether or not BETA
review is necessary. There are no changes to the storm water or traffic and parking. The
changes are all architectural. It would appear that a BETA review is not warranted for this
application.
This project does need Zoning Board approval prior to receiving approval from the Planning
Board. At this time, they are scheduled to appear before the ZBA on December 14, 2016.
We have received the following comments from other Town Departments:
Bryan Besso Health Agent, Board of Health – Review of the Board of Health file for this
location indicates that public water and sewer serves the building. Approval of this alteration
and addition by the Department of Public Works is necessary.
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Design Review Board is meeting on December 20, 2016.
Understanding the Board will have to continue the hearing until after the ZBA makes a decision,
I have compiled the following in advance for the Board’s information:
Board Action
A. Vote to determine that the project meets the requirements of a Minor Project under §210-134;
B. Vote to determine that the plan complies with the Site Plan Standards;
C. Vote to approve the site plan with conditions.
Site Plan Standards
My opinion as to compliance with the Site Plan Standards contained in Section 210-136.1 is
indicated below.
A. Site disturbance in wetland buffer zones and to slopes in excess of 25% shall be minimized.
Not Applicable - No disturbance.
B. Unique natural and historic features shall be preserved whenever feasible. Complies.
C. Tree, vegetation and soil removal shall be minimized. Complies.
D. The site activities shown on the Site Plan shall be screened from view from abutting
properties in residential use. Methods of screening may include solid fencing, landscaping or
other proposals of the Applicant, subject to review by the Planning Board. Such screening
may be located on or off-site. If located off-site, written permission of the off-site property
owner shall be provided to the Board. Complies.
E. All utilities shall be underground. Complies – Existing.
F. Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and
structures and other similar uses shall be visually screened from abutting properties and those
using public ways. Screening methods may consist of solid fencing, landscaping or similar
proposals submitted by the Applicant, subject to review by the Planning Board. Complies.
G. The site plan shall show measures to reduce and abate noise and odors generated from the
site that will impact surrounding properties. Complies.
H. The site plan shall comply with all zoning requirements. Does Not Comply – Needs
Approval from Board of Appeals.
I. The site plan shall maximize the convenience and safety of vehicular and pedestrian
movement within the site and to and from adjacent public ways. If supporting
documentation, such as a traffic or parking study, submitted to the Planning Board indicates
that the vehicular and pedestrian traffic movement depicted on the site plan and proposed in
the application will have a significant negative impact or impacts on the site or within the
adjacent ways, such impacts shall be mitigated by the Applicant. Complies – Existing.
J. Parking areas shall be designed so that they are safe and convenient and do not detract from
the use and enjoyment of proposed structures. Parking areas shall be designed to facilitate
safe pedestrian access to the structures and other on-site facilities. Complies –Existing.
K. The site plan shall minimize the number of curb cuts on public ways. Complies – Existing.
L. Driveways shall be designed to ensure safe sight distances at interior and exterior
intersections and along driveways, in accordance with applicable AASHTO requirements.
Complies – Existing.
M. Sidewalks shall be provided along the entire frontage of the subject property along existing
public ways. The Planning Board may approve alternative provisions or waive the
3
requirements of this Standard in situations where sidewalk construction or use is not feasible
or practical. Complies – Existing.
N. Levels of illumination shall be provided as follows:
1. No property may have exterior lighting that exceeds the average illumination level
recommended by the Illuminating Engineering Society of North America for such use as
set forth in “Lighting Facilities for Parking Facilities,” Illuminating Engineering Society,
2014 and “The Lighting Handbook,” 10th Ed., Illuminating Engineering Society, 2011.
Complies – Existing.
2. For pole mounted lights in parking and driveway areas, the height of the light source shall
not exceed 15 feet, which shall be measured from the ground at the base of the pole to the
bottom of the fixture. Complies – Existing.
3. Pedestrian area lighting shall utilize fully shielded fixtures, and the height of light source
shall not exceed 12 feet, measured from the ground at the base of the pole to the bottom
of the fixture. Complies – Existing.
4. No exterior lighting may interfere with the safe movement of motor vehicles on public
ways or private ways open to the public. Complies – Existing.
5. Mercury vapor lamps shall be prohibited. Complies – Existing.
6. Uplighting shall be permitted only when used in one of the following manners: Complies
– Existing.
(a) To light a primary entrance, when the fixture or lamp is wall-mounted under an
architectural element (e.g., roofs over walkways, entries or overhanging,
nontranslucent eaves) so that the uplighting is fully captured;
(b) To light local, state or national flags; or
(c) To highlight or illuminate a building facade or landscaping, or to highlight or
illuminate statues or monuments.
7. Floodlighting shall be permitted only if a fully shielded fixture is utilized and no lighting
will fall onto the property of others. Complies – Existing.
8. Safety and security lighting shall use motion sensors, photocells, or photocells or timers
to control duration of nighttime illumination. Complies – Existing.
9. Exterior lighting of recreation facilities shall utilize fully shielded fixtures and, except as
authorized by Special Permit or Site Plan Approval, shall be turned off by 10:00 p.m. or
at the conclusion of an activity begun before 10:00 p.m.; provided, however, that in any
event the exterior lighting shall be turned off by midnight. Not Applicable.
10. Blinking, flashing, moving, revolving and flickering lights, as well as lighting that
changes intensity or color shall be prohibited except for lighting for public safety or
traffic control and lighting required by the U.S. Federal Aviation Administration for air
traffic control and warning purposes. Not Applicable.
11. Notwithstanding any provisions of this subsection to the contrary, sidewalks that run
along the perimeter of a site and are in a public right of way or on abutting property may
be illuminated, and illumination may spill onto abutting non-residential property if
requested in writing by the abutting property owner. Complies – Existing.
Exterior lighting that does not conform to the provisions of this subsection may be allowed
by special permit from the Planning Board if the Planning Board finds that such exterior
lighting will be consistent with the Purposes of this Article, or that there are other
demonstrable community, health, safety or welfare benefits that will be served by the exterior
lighting. No special permit may be granted pursuant to this subsection unless the Planning
4
Board determines that the proposed exterior lighting is appropriate for the size and use of the
property, any buildings thereon, and the neighborhood setting.
O. Adequate access shall be provided to each structure for emergency vehicles and personnel.
Complies – Existing.
P. The site plan shall conform to applicable Massachusetts Department of Environmental
Protection Storm water Management Regulations. The site plan shall show adequate
measures to prevent pollution of surface water and groundwater, to minimize erosion and
sedimentation and to prevent changes in the potential for flooding. Storm water management
facilities shall be designed so that neighboring properties, public ways and public storm
drainage systems will not be adversely impacted. Complies – Existing.
Q. Mechanical equipment or other utility hardware on the roof, grounds or buildings shall be
screened from view from the ground. Complies.
R. All dumpsters shall be screened from public view. Complies.
Site Plan Vote & Conditions:
Find that the site plan complies with the Site Plan Standards contained in § 210-136.1 with the
conditions to be imposed, and approve the Site Plan with the conditions below.
1. In the event that the amount of snow on the site exceeds the amount that can be
accommodated safely in the snow storage areas indicated on the site plan, the excess snow
shall be removed from the site. (Site Plan Standards I, J)
2. Mechanical equipment or other utility hardware on the roof, grounds or buildings shall be
screened from view from the ground. (Site Plan Standard Q)
3. Dumpsters on the property shall not be emptied before 8:00 AM or after 5:00 PM. (Site Plan
Standard G)
4. The applicant shall be responsible for mitigating all construction related impacts, including
erosion, siltation and dust control in a timely manner. (Site Plan Standard G)
5. The applicant shall regularly remove construction trash and debris from the site in
accordance with good construction practice. No tree stumps, demolition material, trash or
debris shall be burned or buried on the site. (Site Plan Standard G)
6. The Director of Municipal Inspections inspects Site Plans under construction for compliance
with the approved Decision of Site Plan Review. If the Director of Municipal Inspections
determines at any time before or during construction that a registered professional engineer
or other such outside professional is required to assist with the inspections of the storm water
management system or any other component of the Site Plan, the Applicant shall be
responsible for the cost of those inspections. (All Site Plan Standards & § 210-137)
7. In accordance with § 210-138 of the Zoning Bylaw, the Applicant shall provide a
performance guarantee in the amount of $5,000 to the Town prior to the commencement of
construction pursuant to this Decision. The guarantee shall consist of a deposit of money or
negotiable securities in a form selected by the Planning Board to guarantee that any
5
unforeseen problems which arise, such as erosion and sedimentation and the correction of
site lighting problems, are addressed. The funds will be held by the Town and returned to the
Applicant upon completion of the project. (All Site Plan Standards & § 210-137)
8. Construction may occur only between the hours of 7:00 AM and 7:00 PM Monday through
Friday and Saturdays between 8:00 AM and 4:00 PM pursuant to Chapter 141 Article 1 of
the Town of Hopkinton General Bylaws.
2. Public Hearing – Application for Minor Project Site Plan Review – Eversource Energy
– 52 Wilson Street
The Applicant has applied for a minor project site plan review. A majority vote is required for
approval and a decision is due 90 days from the close of the public hearing.
I have prepared an outline for the public hearing (see enclosed). The Site Plan Standards are
attached to the end of the outline.
The proposed alterations include the expansion of an existing parking area at the Hopkinton
LNG Corporation, LNG facility. The current parking lot has 18 spaces and is often at capacity.
They are proposing an additional 11 spaces. The expansion is limited to an existing gravel area
to the South of the existing parking facility. The plans provided show one handicap parking
space. Lots with 26-50 spaces require 2 handicap parking spaces. Also the proposed signage
does not meet Town of Hopkinton regulations for Handicap signage.
The project is seeking a minor site plan review because it is the enlargement of a parking area
containing 5 or more spaces. Under this review the Board can determine whether or not BETA
review is necessary. There are no proposed changes to the storm water or traffic to the facility.
We have received the following comments from other Town Departments:
Bryan Besso Health Agent, Board of Health – After review of the information submitted the
Board of Health has no comment on this proposed expansion to the on-site parking area.
I have compiled the following in advance for the Board’s information:
Board Action
D. Vote to determine that the project meets the requirements of a Minor Project under §210-134;
E. Vote to determine that the plan complies with the Site Plan Standards;
F. Vote to approve the site plan with conditions.
Site Plan Standards
My opinion as to compliance with the Site Plan Standards contained in Section 210-136.1 is
indicated below.
A. Site disturbance in wetland buffer zones and to slopes in excess of 25% shall be minimized.
Not Applicable - No disturbance.
B. Unique natural and historic features shall be preserved whenever feasible. Complies.
C. Tree, vegetation and soil removal shall be minimized. Complies.
6
D. The site activities shown on the Site Plan shall be screened from view from abutting
properties in residential use. Methods of screening may include solid fencing, landscaping or
other proposals of the Applicant, subject to review by the Planning Board. Such screening
may be located on or off-site. If located off-site, written permission of the off-site property
owner shall be provided to the Board. Complies.
E. All utilities shall be underground. Complies – Existing.
F. Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and
structures and other similar uses shall be visually screened from abutting properties and those
using public ways. Screening methods may consist of solid fencing, landscaping or similar
proposals submitted by the Applicant, subject to review by the Planning Board. Complies.
G. The site plan shall show measures to reduce and abate noise and odors generated from the
site that will impact surrounding properties. Complies.
H. The site plan shall comply with all zoning requirements. Complies.
I. The site plan shall maximize the convenience and safety of vehicular and pedestrian
movement within the site and to and from adjacent public ways. If supporting
documentation, such as a traffic or parking study, submitted to the Planning Board indicates
that the vehicular and pedestrian traffic movement depicted on the site plan and proposed in
the application will have a significant negative impact or impacts on the site or within the
adjacent ways, such impacts shall be mitigated by the Applicant. Complies.
J. Parking areas shall be designed so that they are safe and convenient and do not detract from
the use and enjoyment of proposed structures. Parking areas shall be designed to facilitate
safe pedestrian access to the structures and other on-site facilities. Complies.
K. The site plan shall minimize the number of curb cuts on public ways. Complies – Existing.
L. Driveways shall be designed to ensure safe sight distances at interior and exterior
intersections and along driveways, in accordance with applicable AASHTO requirements.
Complies – Existing.
M. Sidewalks shall be provided along the entire frontage of the subject property along existing
public ways. The Planning Board may approve alternative provisions or waive the
requirements of this Standard in situations where sidewalk construction or use is not feasible
or practical. Complies – Existing.
N. Levels of illumination shall be provided as follows:
1. No property may have exterior lighting that exceeds the average illumination level
recommended by the Illuminating Engineering Society of North America for such use as
set forth in “Lighting Facilities for Parking Facilities,” Illuminating Engineering Society,
2014 and “The Lighting Handbook,” 10th Ed., Illuminating Engineering Society, 2011.
Complies – Existing.
2. For pole mounted lights in parking and driveway areas, the height of the light source shall
not exceed 15 feet, which shall be measured from the ground at the base of the pole to the
bottom of the fixture. Complies – Existing.
3. Pedestrian area lighting shall utilize fully shielded fixtures, and the height of light source
shall not exceed 12 feet, measured from the ground at the base of the pole to the bottom
of the fixture. Complies – Existing.
4. No exterior lighting may interfere with the safe movement of motor vehicles on public
ways or private ways open to the public. Complies – Existing.
5. Mercury vapor lamps shall be prohibited. Complies – Existing.
7
6. Uplighting shall be permitted only when used in one of the following manners: Complies
– Existing.
(a) To light a primary entrance, when the fixture or lamp is wall-mounted under an
architectural element (e.g., roofs over walkways, entries or overhanging,
nontranslucent eaves) so that the uplighting is fully captured;
(b) To light local, state or national flags; or
(c) To highlight or illuminate a building facade or landscaping, or to highlight or
illuminate statues or monuments.
7. Floodlighting shall be permitted only if a fully shielded fixture is utilized and no lighting
will fall onto the property of others. Complies – Existing.
8. Safety and security lighting shall use motion sensors, photocells, or photocells or timers
to control duration of nighttime illumination. Complies – Existing.
9. Exterior lighting of recreation facilities shall utilize fully shielded fixtures and, except as
authorized by Special Permit or Site Plan Approval, shall be turned off by 10:00 p.m. or
at the conclusion of an activity begun before 10:00 p.m.; provided, however, that in any
event the exterior lighting shall be turned off by midnight. Not Applicable.
10. Blinking, flashing, moving, revolving and flickering lights, as well as lighting that
changes intensity or color shall be prohibited except for lighting for public safety or
traffic control and lighting required by the U.S. Federal Aviation Administration for air
traffic control and warning purposes. Not Applicable.
11. Notwithstanding any provisions of this subsection to the contrary, sidewalks that run
along the perimeter of a site and are in a public right of way or on abutting property may
be illuminated, and illumination may spill onto abutting non-residential property if
requested in writing by the abutting property owner. Complies – Existing.
Exterior lighting that does not conform to the provisions of this subsection may be allowed
by special permit from the Planning Board if the Planning Board finds that such exterior
lighting will be consistent with the Purposes of this Article, or that there are other
demonstrable community, health, safety or welfare benefits that will be served by the exterior
lighting. No special permit may be granted pursuant to this subsection unless the Planning
Board determines that the proposed exterior lighting is appropriate for the size and use of the
property, any buildings thereon, and the neighborhood setting.
O. Adequate access shall be provided to each structure for emergency vehicles and personnel.
Complies – Existing.
P. The site plan shall conform to applicable Massachusetts Department of Environmental
Protection Storm water Management Regulations. The site plan shall show adequate
measures to prevent pollution of surface water and groundwater, to minimize erosion and
sedimentation and to prevent changes in the potential for flooding. Storm water management
facilities shall be designed so that neighboring properties, public ways and public storm
drainage systems will not be adversely impacted. Complies – Existing.
Q. Mechanical equipment or other utility hardware on the roof, grounds or buildings shall be
screened from view from the ground. Not Applicable.
R. All dumpsters shall be screened from public view. Not Applicable.
Site Plan Vote & Conditions:
Find that the site plan complies with the Site Plan Standards contained in § 210-136.1 with the
conditions to be imposed, and approve the Site Plan with the conditions below.
8
1. In the event that the amount of snow on the site exceeds the amount that can be
accommodated safely in the snow storage areas indicated on the site plan, the excess snow
shall be removed from the site. (Site Plan Standards I, J)
2. The applicant shall be responsible for mitigating all construction related impacts, including
erosion, siltation and dust control in a timely manner. (Site Plan Standard G)
3. The applicant shall regularly remove construction trash and debris from the site in
accordance with good construction practice. No tree stumps, demolition material, trash or
debris shall be burned or buried on the site. (Site Plan Standard G)
4. The Director of Municipal Inspections inspects Site Plans under construction for compliance
with the approved Decision of Site Plan Review. If the Director of Municipal Inspections
determines at any time before or during construction that a registered professional engineer
or other such outside professional is required to assist with the inspections of the storm water
management system or any other component of the Site Plan, the Applicant shall be
responsible for the cost of those inspections. (All Site Plan Standards & § 210-137)
5. In accordance with § 210-138 of the Zoning Bylaw, the Applicant shall provide a
performance guarantee in the amount of $5,000 to the Town prior to the commencement of
construction pursuant to this Decision. The guarantee shall consist of a deposit of money or
negotiable securities in a form selected by the Planning Board to guarantee that any
unforeseen problems which arise, such as erosion and sedimentation and the correction of
site lighting problems, are addressed. The funds will be held by the Town and returned to the
Applicant upon completion of the project. (All Site Plan Standards & § 210-137)
6. Construction may occur only between the hours of 7:00 AM and 7:00 PM Monday through
Friday and Saturdays between 8:00 AM and 4:00 PM pursuant to Chapter 141 Article 1 of
the Town of Hopkinton General Bylaws.
3. Legacy North Villages – Modifications to Site Plan Approval
Pulte has submitted a request for minor modifications to the approved site plan for the North
Villages. The following are the requested modifications:
Proposed omission of short Road “N” cul de sac in Northwest village, would save some
blasting & retain some more undisturbed area.
Temporary sales office/model home area including parking.
Temporary sewer line for sales office/model home area until Northeast Village
permanent pump station is online.
Enclosed are the exhibit plans and information provided by Pulte. BETA has reviewed them and
provided a comment letter attached.
The Board should determine if these are minor modifications and can be voted by the Board
without a hearing or if they are major modifications and will need a public hearing to address.
You can decide the same for all of them or some can be minor and others major. If you
9
determine one or all are minor in nature you can vote this evening if you feel you have all the
information you need. If you feel it is major we will need to schedule a public hearing.
I would also suggest the following conditions if the Board decides to vote:
1. Within three months of the sewer pump station being operational, the temporary sewer
main will be discontinued and the sewer will revert to the original approval.
2. The Planning Board will revisit the temporary parking lot prior to the discontinuance of
the model homes to determine if some parking spaces should remain.
4. 66 Fruit Street – Modifications to Site Plan Approval
Parks and Recreation has submitted for modifications to the approved site plan for 66 Fruit
Street. The approved site plan was for athletic fields and parking, the change will be to add a
1500 square foot building that will house concessions, restrooms and storage. No changes to
parking or stormwater are proposed. The engineer provided a summary of the drainage
calculations to prove that the existing infiltration basin was designed to handle the additional
impervious surface. This summary is enclosed along with the plans.
The Board should determine if this is a minor modification and can be voted by the Board
without a hearing or if it is a major modification and will need a public hearing to address. If
you determine the change is minor in nature you can vote this evening if you feel you have all
the information you need. If you feel it is major we will need to schedule a public hearing.
5. ANR Plan – 35-37 Hayward Street – William Tetlow
The Board signed an ANR plan for this land earlier this spring. When laying out the house lots it
was determined that the original ANR had effectively rendered one lot unbuildable because of
the amount of wetlands along the frontage. The new ANR plan adjusts the lot lines and allows
access over both lots. The plan meets the requirements for endorsement.
6. Recreational Marijuana – Notice , Bylaw Amendment
As you know the sale of marijuana for recreational use passed in November. The legislation is
supposed to take effect December 15th, if they certify the election results by then. It will,
however; be several months before the state creates the commission to establish regulations for
these establishments. Town Counsel has proposed the enclosed temporary moratorium, similar
to what was done for medical marijuana, until the Town can determine if we want to zone for the
sale of recreational marijuana and if we do, where. The Planning Board will need to hold a
hearing on the moratorium and it needs to be advertised before December 15th. Enclosed is a
proposed legal ad that will go to the paper following Monday’s meeting if there are no
objections.
7. Proposed Charter Changes
The Chairman asked that I enclose the draft charter and the enclosed email relative to the Town
Planner position.
8. Future Meetings
December 19
10
January 9
January 23
Public Hearing – Zoning By-Law Amendment – Moratorium – Recreational Marijuana
PUBLIC HEARING OUTLINE
SITE PLAN REVIEW
79 HAYDEN ROWE
1. Project introduction and review - Applicant
2. Principal Planner Comments
3. Planning Board members and Public – Add to outline
4. Detailed Discussion
a. Traffic
b. Building Design
c. Stormwater management
d. Parking Lot Design
(1) Dumpster Location
(2) Snow Storage
e. Lighting
f. Landscaping/Screening
g. Construction Management Plan
5. Public comment/Discuss site plan standards and plan revisions to be made
6. Discuss conditions of approval with applicant
7. Public comment
8. Vote on Site Plan approval and conditions
9. Close public hearing
§ 210-136.1 Site Plan Standards
The site plan shall be designed to conform to the following Site Plan Standards:
A. Site disturbance in wetland buffer zones and to slopes in excess of 25% shall be minimized.
B. Unique natural and historic features shall be preserved whenever feasible.
C. Tree, vegetation and soil removal shall be minimized.
D. The site activities shown on the Site Plan shall be screened from view from abutting properties in residential use.
Methods of screening may include solid fencing, landscaping or other proposals of the Applicant, subject to
review by the Planning Board. Such screening may be located on or off-site. If located off-site, written
permission of the off-site property owner shall be provided to the Board.
E. All utilities shall be underground.
F. Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other
similar uses shall be visually screened from abutting properties and those using public ways. Screening methods
may consist of solid fencing, landscaping or similar proposals submitted by the Applicant, subject to review by
the Planning Board.
G. The site plan shall show measures to reduce and abate noise and odors generated from the site that will impact
surrounding properties.
H. The site plan shall comply with all zoning requirements.
I. The site plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site
and to and from adjacent public ways. If supporting documentation, such as a traffic or parking study, submitted
to the Planning Board indicates that the vehicular and pedestrian traffic movement depicted on the site plan and
proposed in the application will have a significant negative impact or impacts on the site or within the adjacent
ways, such impacts shall be mitigated by the Applicant.
J. Parking areas shall be designed so that they are safe and convenient and do not detract from the use and enjoyment
of proposed structures. Parking areas shall be designed to facilitate safe pedestrian access to the structures and
other on-site facilities.
K. The site plan shall minimize the number of curb cuts on public ways.
L. Driveways shall be designed to ensure safe sight distances at interior and exterior intersections and along
driveways, in accordance with applicable AASHTO requirements.
M. Sidewalks shall be provided along the entire frontage of the subject property along existing public ways. The
Planning Board may approve alternative provisions or waive the requirements of this Standard in situations where
sidewalk construction or use is not feasible or practical.
N. Levels of illumination shall be provided as follows: [Amended 5-6-2015 ATM. Art. 36]
(1) No property may have exterior lighting that exceeds the average illumination level recommended by the
Illuminating Engineering Society of North America for such use as set forth in “Lighting Facilities for
Parking Facilities,” Illuminating Engineering Society, 2014 and “The Lighting Handbook,” 10 th Ed.,
Illuminating Engineering Society, 2011.
(2) For pole mounted lights in parking and driveway areas, the height of the light source shall not exceed 15 feet,
which shall be measured from the ground at the base of the pole to the bottom of the fixture.
(3) Pedestrian area lighting shall utilize fully shielded fixtures, and the height of light source shall not exceed 12
feet, measured from the ground at the base of the pole to the bottom of the fixture.
(4) No exterior lighting may interfere with the safe movement of motor vehicles on public ways or private ways
open to the public.
(5) Mercury vapor lamps shall be prohibited.
(6) Uplighting shall be permitted only when used in one of the following manners:
(a) To light a primary entrance, when the fixture or lamp is wall-mounted under an architectural element
(e.g., roofs over walkways, entries or overhanging, nontranslucent eaves) so that the uplighting is fully
captured;
(b) To light local, state or national flags; or
(c) To highlight or illuminate a building facade or landscaping, or to highlight or illuminate statues or
monuments.
(7) Floodlighting shall be permitted only if a fully shielded fixture is utilized and no lighting will fall onto the
property of others.
(8) Safety and security lighting shall use motion sensors, photocells, or photocells or timers to control duration
of nighttime illumination.
(9) Exterior lighting of recreation facilities shall utilize fully shielded fixtures and, except as authorized by
Special Permit or Site Plan Approval, shall be turned off by 10:00 p.m. or at the conclusion of an activity
begun before 10:00 p.m.; provided, however, that in any event the exterior lighting shall be turned off by
midnight.
(10) Blinking, flashing, moving, revolving and flickering lights, as well as lighting that changes intensity or color
shall be prohibited except for lighting for public safety or traffic control and lighting required by the U.S.
Federal Aviation Administration for air traffic control and warning purposes.
(11) Notwithstanding any provisions of this subsection to the contrary, sidewalks that run along the perimeter of
a site and are in a public right of way or on abutting property may be illuminated, and illumination may spill
onto abutting non-residential property if requested in writing by the abutting property owner.
Exterior lighting that does not conform to the provisions of this subsection may be allo wed by special permit
from the Planning Board if the Planning Board finds that such exterior lighting will be consistent with the
Purposes of this Article, or that there are other demonstrable community, health, safety or welfare benefits
that will be served by the exterior lighting. No special permit may be granted pursuant to this subsection
unless the Planning Board determines that the proposed exterior lighting is appropriate for the size and use
of the property, any buildings thereon, and the neighborhood setting.
O. Adequate access shall be provided to each structure for emergency vehicles and personnel.
P. The site plan shall conform to applicable Massachusetts Department of Environmental Protection Stormwater
Management Regulations. The site plan shall show adequate measures to prevent pollution of surface water and
groundwater, to minimize erosion and sedimentation and to prevent changes in the potential for flooding.
Stormwater management facilities shall be designed so that neighboring properties, public ways and public storm
drainage systems will not be adversely impacted.
Q. Mechanical equipment or other utility hardware on the roof, grounds or buildings shall be screened from view
from the ground.
R. All dumpsters shall be screened from public view.
PUBLIC HEARING OUTLINE
SITE PLAN REVIEW
52 WILSON STREET
1. Project introduction and review - Applicant
2. Principal Planner Comments
3. Planning Board members and Public – Add to outline
4. Detailed Discussion
a. Traffic
b. Stormwater management
c. Parking Lot Design
(1) Snow Storage
(2) Handicap Parking
d. Lighting
5. Public comment/Discuss site plan standards and plan revisions to be made
6. Discuss conditions of approval with applicant
7. Public comment
8. Vote on Site Plan approval and conditions
9. Close public hearing
§ 210-136.1 Site Plan Standards
The site plan shall be designed to conform to the following Site Plan Standards:
A. Site disturbance in wetland buffer zones and to slopes in excess of 25% shall be minimized.
B. Unique natural and historic features shall be preserved whenever feasible.
C. Tree, vegetation and soil removal shall be minimized.
D. The site activities shown on the Site Plan shall be screened from view from abutting properties in residential use.
Methods of screening may include solid fencing, landscaping or other proposals of the Applicant, subject to
review by the Planning Board. Such screening may be located on or off-site. If located off-site, written
permission of the off-site property owner shall be provided to the Board.
E. All utilities shall be underground.
F. Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other
similar uses shall be visually screened from abutting properties and those using public ways. Screening methods
may consist of solid fencing, landscaping or similar proposals submitted by the Applicant, subject to review by
the Planning Board.
G. The site plan shall show measures to reduce and abate noise and odors generated from the site that will impact
surrounding properties.
H. The site plan shall comply with all zoning requirements.
I. The site plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site
and to and from adjacent public ways. If supporting documentation, such as a traffic or parking study, submitted
to the Planning Board indicates that the vehicular and pedestrian traffic movement depicted on the site plan and
proposed in the application will have a significant negative impact or impacts on the site or within the adjacent
ways, such impacts shall be mitigated by the Applicant.
J. Parking areas shall be designed so that they are safe and convenient and do not detract from the use and enjoyment
of proposed structures. Parking areas shall be designed to facilitate safe pedestrian access to the structures and
other on-site facilities.
K. The site plan shall minimize the number of curb cuts on public ways.
L. Driveways shall be designed to ensure safe sight distances at interior and exterior intersections and along
driveways, in accordance with applicable AASHTO requirements.
M. Sidewalks shall be provided along the entire frontage of the subject property along existing public ways. The
Planning Board may approve alternative provisions or waive the requirements of this Standard in situations where
sidewalk construction or use is not feasible or practical.
N. Levels of illumination shall be provided as follows: [Amended 5-6-2015 ATM. Art. 36]
(1) No property may have exterior lighting that exceeds the average illumination level recommended by the
Illuminating Engineering Society of North America for such use as set forth in “Lighting Facilities for
Parking Facilities,” Illuminating Engineering Society, 2014 and “The Lighting Handbook,” 10th Ed.,
Illuminating Engineering Society, 2011.
(2) For pole mounted lights in parking and driveway areas, the height of the light source shall not exceed 15 feet,
which shall be measured from the ground at the base of the pole to the bottom of the fixture.
(3) Pedestrian area lighting shall utilize fully shielded fixtures, and the height of light source shall not exceed 12
feet, measured from the ground at the base of the pole to the bottom of the fixture.
(4) No exterior lighting may interfere with the safe movement of motor vehicles on public ways or private ways
open to the public.
(5) Mercury vapor lamps shall be prohibited.
(6) Uplighting shall be permitted only when used in one of the following manners:
(a) To light a primary entrance, when the fixture or lamp is wall-mounted under an architectural element
(e.g., roofs over walkways, entries or overhanging, nontranslucent eaves) so that the uplighting is fully
captured;
(b) To light local, state or national flags; or
(c) To highlight or illuminate a building facade or landscaping, or to highlight or illuminate statues or
monuments.
(7) Floodlighting shall be permitted only if a fully shielded fixture is utilized and no lighting will fall onto the
property of others.
(8) Safety and security lighting shall use motion sensors, photocells, or photocells or timers to control duration
of nighttime illumination.
(9) Exterior lighting of recreation facilities shall utilize fully shielded fixtures and, except as authorized by
Special Permit or Site Plan Approval, shall be turned off by 10:00 p.m. or at the conclusion of an activity
begun before 10:00 p.m.; provided, however, that in any event the exterior lighting shall be turned off by
midnight.
(10) Blinking, flashing, moving, revolving and flickering lights, as well as lighting that changes intensity or color
shall be prohibited except for lighting for public safety or traffic control and lighting required by the U.S.
Federal Aviation Administration for air traffic control and warning purposes.
(11) Notwithstanding any provisions of this subsection to the contrary, sidewalks that run along the perimeter of
a site and are in a public right of way or on abutting property may be illuminated, and illumination may spill
onto abutting non-residential property if requested in writing by the abutting property owner.
Exterior lighting that does not conform to the provisions of this subsection may be allowed by special permit
from the Planning Board if the Planning Board finds that such exterior lighting will be consistent with the
Purposes of this Article, or that there are other demonstrable community, health, safety or welfare benefits
that will be served by the exterior lighting. No special permit may be granted pursuant to this subsection
unless the Planning Board determines that the proposed exterior lighting is appropriate for the size and use
of the property, any buildings thereon, and the neighborhood setting.
O. Adequate access shall be provided to each structure for emergency vehicles and personnel.
P. The site plan shall conform to applicable Massachusetts Department of Environmental Protection Stormwater
Management Regulations. The site plan shall show adequate measures to prevent pollution of surface water and
groundwater, to minimize erosion and sedimentatio n and to prevent changes in the potential for flooding.
Stormwater management facilities shall be designed so that neighboring properties, public ways and public storm
drainage systems will not be adversely impacted.
Q. Mechanical equipment or other utility hardware on the roof, grounds or buildings shall be screened from view
from the ground.
R. All dumpsters shall be screened from public view.
General Applications
The Environment One After Market
Grinder Pump (AMGP) is engineered
to fit into virtually any grinder pump wet
well. Universal design allows easy
drop-in conversion, ready to connect.
The AMGP is a complete replacement
for all of the troublesome components
of a centrifugal, including the old unit’s
slide rails, pump/motor, float switches,
piping and motor control devices.
General Features
All solids are ground into fine particles,
allowing them to pass easily through
the pump, check valve and small-
diameter pipelines. Even objects not
normally found in sewage, such as
plastic, rubber, fiber, wood, etc., are
ground into fine particles.
The grinder is designed not to jam and
for minimum wear to the grinding
mechanism.
The AMGP comes complete with a
self-contained level control system,
eliminating troublesome float switches.
The grinder pump is automatically
activated and runs infrequently for very
short periods. The annual energy
consumption is typically that of a 40-
watt light bulb.
The 1 1/4-inch slide face discharge
connection is adaptable to any existing
discharge piping.
The internal check valve assembly
located on the grinder pump is custom-
designed for non-clog, trouble-free
operation.
Units are available with a number of
discharge hose lengths to accommo-
date a wide range of existing tank
depths.
Operational Information
Motor
1 hp, 1,725 rpm, high torque, capacitor
start, thermally protected, 120/240V,
60 Hz, 1 phase
Discharge Connections
Pump discharge terminates in 1 1/4-
inch female solvent weld fitting;
threaded adapter is supplied and
discharge can easily be adapted to 1
1/4-inch MPT.
Discharge
15 gpm at 0 psig (0 TDH)
11 gpm at 40 psig (92 TDH)
9 gpm at 60 psig (138 TDH)
Overload Capacity
The maximum pressure that the pump
can generate is limited by the motor
characteristics. The motor generates a
pressure well below the rating of the
piping and appurtenances. The auto-
matic rest feature does not require
manual operation following overload.
U.S. Pat. 5,439,180
* Discharge Data includes loss through
check valve, which is minimal.
LM000100 Rev. D, 12/05
AMGP
E/One Sewers TM
Installation
The Upgrade is engineered to fit into virtually any other grinder pump wet well.
Universal design allows easy drop-in changeover.
Features and Benefits
• The 1 ¼-inch slide face discharge connection can be adapted to any existing
discharge piping without changing piping on the outside of the basin.
• Grinder is designed to eliminate jamming and for minimum wear to grinder
mechanism.
• The Upgrade’s self-contained level control system eliminates troublesome
float switches. E/One’s pressure switch level control system is the most
effective in the industry.
• The internal check valve assembly is designed for non-clog, trouble-free
operation.
Operational Information
MOTOR
1 hp, 1,725 rpm, high torque, capacitor start, thermally protected 240 volt,
60 Hz, 1 phase; 120 volt motors are also available
ALARM PANEL
For new installations, a NEMA 4X, UL-listed or CSA-approved alarm
panel includes power and signal circuit breakers, audible and visual
alarms, push-to-silence button, push-to-run button, and terminal strips.
For centrifugal replacements, an Upgrade power board is available that
consists of DIN RAIL mountable components designed to be installed
inside the existing panel.
DISCHARGE
15 gpm at 0 psig / 11 gm at 40 psig / 9 gpm at 60 psig / 8 gpm at 80 psig
SPECIFICATIONS
Environment One Corporation
A Precision Castparts Company
2773 Balltown Road, Niskayuna, NY USA 12309-1090
Voice (01) 518.346.6161 Fax 518.346.6188 www.eone.com
AFTER MARKET GRINDER PUMP
E/One Upgrade
If you’re tired of constant service calls
resulting from grease-fouled floats,
jammed grinders, burned-out motors,
and other grinder pump problems,
it’s time to call E/One.
When you’re having too many problems
with your system’s centrifugal
grinder pumps, it can wear you
down. And wear out your budgets.
Those inferior grinder pumps
aren’t worth fixing. And fixing.
And fixing. The solution is to
upgrade. To Environment One’s
Upgrade, the aftermarket grinder
pump that works and goes on
working without any preventive
maintenance. It’s the original
grinder pump design, the one
others have tried to copy but they
just haven’t gotten it right. We
have it down to a science. A simple
science – design a pump for the
application. So replace that troublesome
pump. With E/One’s Upgrade.
LM000366 Rev A
Why is the E/One Upgrade Better?
Their Grinder Pumps
1. Centrifugal pumps – flows vary dramatically, causing high flows and
dangerously short run times to no flow and continuous operation. The
result: burned-out motors.
2. Jamming common – high-speed, low-torque, with small-diameter inlet.
3. Float switches – require preventive maintenance to remove grease
and oil. Constant source of problems. Mercury float switches difficult
to dispose of are an environmental issue.
4. Oil-filled motor requires periodic oil changes.
5. No anti-siphon valve.
6. Constant service calls.
7. Routine preventive maintenance and
service calls.
8. Separate pump, level and motor
controls, making troubleshooting
and repairs more difficult and
time consuming.
9. Widely varying flow, reduced as
pressure increases, allowing
build-up of solids in pipe.
Solids build-up causes increased
pressure and reduced flow,
compounding the problem.
10. Jammed grinders, grease-
fouled floats require periodic
maintenance.
Have you taken control of the maintenance
problems with your centrifugal grinder pumps?
But at what cost?10 REASONS TO SWITCH TO THE E/ONE UPGRADE
Our Upgrade
1. Semi-positive displacement pump –
provides virtually the same flow
regardless of pressure. Scouring
velocities are maintained without
stressing the pump.
2. Non-jamming grinder – low-speed,
high-toque, with large-diameter inlet.
3. Non-contact, non-fouling pressure
switch level controls. Proven reliable
and maintenance-free.
4. Air-filled motor requires zero
preventive maintenance.
5. Built-in check valve and anti-siphon
valve.
6. Longest mean time between service
calls – 10 years.
7. Lowest operation and maintenance
costs.
8. All pump, level and motor controls
in one compact assembly, making
service simple and convenient.
9. Near-constant flow regardless of
pressure – prevents build-up of
solids in piping.
10. Zero preventive maintenance.
MAINTAINING A WASTEWATER COLLECTION
SYSTEM IS BUSY ENOUGH when the
equipment is working properly.
Additional stress and strain on
resources from unreliable centrifugal
pumps is unacceptable. Rinsing down
floats, unjamming cutter wheels and
replacing pumps regularly in problem
locations? All of that preventive
maintenance is unnecessary with the
Upgrade from Environment One.
Centrifugal pumps were never intended
to be connected parallel in large
numbers. The problem with centrifugal
grinder pump systems is that the
design doesn’t work. They create an
ever-changing system curve. They use
a small grinder. They use high-speed,
low-torque motors. They use floats.
And when the design doesn’t work,
the system doesn’t work. The result?
Ongoing maintenance headaches and
high costs. And unreliable performance.
Fortunately, there is a simple solution.
A reliable solution. From Environment
One, the company that’s been making
the industry’s most reliable pump for
more than 40 years. With more than
one million end users daily, E/One is
the leader in grinder pump technology.
So if you’re dealing with nuisance
pumps that are maintenance-intensive
and costly to fix, replace them with the
Upgrade, the pump with the lowest
operation and maintenance costs and
the longest mean time between service
calls – 10 years.
The Upgrade is engineered to fit
virtually any other grinder pump well.
Its universal design allows ready to
connect, easy drop-in changeover. So
don’t put up with one more maintenance
disaster from your centrifugal pump.
Call E/One today and start making your
life easier and your system costs lower.
Top view showing Upgrade retrofit.Too many centrifugal pumps end up in the graveyard. E/One pumps keep working reliably
year after year with the lowest operation and maintenance costs in the industry.
The E/One Upgrade is the reliable,
cost-efficient solution to your
grinder pump problems.
Why is the E/One Upgrade Better?
Their Grinder Pumps
1. Centrifugal pumps – flows vary dramatically, causing high flows and
dangerously short run times to no flow and continuous operation. The
result: burned-out motors.
2. Jamming common – high-speed, low-torque, with small-diameter inlet.
3. Float switches – require preventive maintenance to remove grease
and oil. Constant source of problems. Mercury float switches difficult
to dispose of are an environmental issue.
4. Oil-filled motor requires periodic oil changes.
5. No anti-siphon valve.
6. Constant service calls.
7. Routine preventive maintenance and
service calls.
8. Separate pump, level and motor
controls, making troubleshooting
and repairs more difficult and
time consuming.
9. Widely varying flow, reduced as
pressure increases, allowing
build-up of solids in pipe.
Solids build-up causes increased
pressure and reduced flow,
compounding the problem.
10. Jammed grinders, grease-
fouled floats require periodic
maintenance.
Have you taken control of the maintenance
problems with your centrifugal grinder pumps?
But at what cost?10 REASONS TO SWITCH TO THE E/ONE UPGRADE
Our Upgrade
1. Semi-positive displacement pump –
provides virtually the same flow
regardless of pressure. Scouring
velocities are maintained without
stressing the pump.
2. Non-jamming grinder – low-speed,
high-toque, with large-diameter inlet.
3. Non-contact, non-fouling pressure
switch level controls. Proven reliable
and maintenance-free.
4. Air-filled motor requires zero
preventive maintenance.
5. Built-in check valve and anti-siphon
valve.
6. Longest mean time between service
calls – 10 years.
7. Lowest operation and maintenance
costs.
8. All pump, level and motor controls
in one compact assembly, making
service simple and convenient.
9. Near-constant flow regardless of
pressure – prevents build-up of
solids in piping.
10. Zero preventive maintenance.
MAINTAINING A WASTEWATER COLLECTION
SYSTEM IS BUSY ENOUGH when the
equipment is working properly.
Additional stress and strain on
resources from unreliable centrifugal
pumps is unacceptable. Rinsing down
floats, unjamming cutter wheels and
replacing pumps regularly in problem
locations? All of that preventive
maintenance is unnecessary with the
Upgrade from Environment One.
Centrifugal pumps were never intended
to be connected parallel in large
numbers. The problem with centrifugal
grinder pump systems is that the
design doesn’t work. They create an
ever-changing system curve. They use
a small grinder. They use high-speed,
low-torque motors. They use floats.
And when the design doesn’t work,
the system doesn’t work. The result?
Ongoing maintenance headaches and
high costs. And unreliable performance.
Fortunately, there is a simple solution.
A reliable solution. From Environment
One, the company that’s been making
the industry’s most reliable pump for
more than 40 years. With more than
one million end users daily, E/One is
the leader in grinder pump technology.
So if you’re dealing with nuisance
pumps that are maintenance-intensive
and costly to fix, replace them with the
Upgrade, the pump with the lowest
operation and maintenance costs and
the longest mean time between service
calls – 10 years.
The Upgrade is engineered to fit
virtually any other grinder pump well.
Its universal design allows ready to
connect, easy drop-in changeover. So
don’t put up with one more maintenance
disaster from your centrifugal pump.
Call E/One today and start making your
life easier and your system costs lower.
Top view showing Upgrade retrofit.Too many centrifugal pumps end up in the graveyard. E/One pumps keep working reliably
year after year with the lowest operation and maintenance costs in the industry.
The E/One Upgrade is the reliable,
cost-efficient solution to your
grinder pump problems.
Installation
The Upgrade is engineered to fit into virtually any other grinder pump wet well.
Universal design allows easy drop-in changeover.
Features and Benefits
• The 1 ¼-inch slide face discharge connection can be adapted to any existing
discharge piping without changing piping on the outside of the basin.
• Grinder is designed to eliminate jamming and for minimum wear to grinder
mechanism.
• The Upgrade’s self-contained level control system eliminates troublesome
float switches. E/One’s pressure switch level control system is the most
effective in the industry.
• The internal check valve assembly is designed for non-clog, trouble-free
operation.
Operational Information
MOTOR
1 hp, 1,725 rpm, high torque, capacitor start, thermally protected 240 volt,
60 Hz, 1 phase; 120 volt motors are also available
ALARM PANEL
For new installations, a NEMA 4X, UL-listed or CSA-approved alarm
panel includes power and signal circuit breakers, audible and visual
alarms, push-to-silence button, push-to-run button, and terminal strips.
For centrifugal replacements, an Upgrade power board is available that
consists of DIN RAIL mountable components designed to be installed
inside the existing panel.
DISCHARGE
15 gpm at 0 psig / 11 gm at 40 psig / 9 gpm at 60 psig / 8 gpm at 80 psig
SPECIFICATIONS
Environment One Corporation
A Precision Castparts Company
2773 Balltown Road, Niskayuna, NY USA 12309-1090
Voice (01) 518.346.6161 Fax 518.346.6188 www.eone.com
AFTER MARKET GRINDER PUMP
E/One Upgrade
If you’re tired of constant service calls
resulting from grease-fouled floats,
jammed grinders, burned-out motors,
and other grinder pump problems,
it’s time to call E/One.
When you’re having too many problems
with your system’s centrifugal
grinder pumps, it can wear you
down. And wear out your budgets.
Those inferior grinder pumps
aren’t worth fixing. And fixing.
And fixing. The solution is to
upgrade. To Environment One’s
Upgrade, the aftermarket grinder
pump that works and goes on
working without any preventive
maintenance. It’s the original
grinder pump design, the one
others have tried to copy but they
just haven’t gotten it right. We
have it down to a science. A simple
science – design a pump for the
application. So replace that troublesome
pump. With E/One’s Upgrade.
LM000366 Rev A
MEMORANDUM
BETA GROUP, INC.
www.BETA-Inc.com
BETA reviewed the following documents:
·Letter to the Hopkinton Principal Planner regarding modifications to Legacy Farms Northeast
Villages development project dated November 29, 2016 from Pulte Homes of New England, LLC.
·Exhibit Plan, Site Plan Exhibit dated September 26, 2016 prepared by Bohler Engineering,
Southborough MA
·Site Development Plans, Temporary Sales Office / Model Park revised September 9, 2016 prepared
by Bohler Engineering
·Sales Office Sewer, Temporary Wastewater Pump Station revised October 5, 2016 prepared by
Couglin Environmental Services, LLC, Stoneham MA
BETA offers the following observations and recommendations:
The developer proposes to modify the layout of buildings for the Holly Trail area of the project. This
includes, eliminating the dead end road with cul-de-sac off Holly Trail and relocating the three buildings
along Holly Trail. The modification does not change the number of units for the project.
1.Recommend setting buildings back a minimum of 20 feet behind sidewalk to allow parking in front
of garage and not force pedestrians out into the road.
The Developer proposes to use the 4 southerly buildings on Spruce Street as a sales office and model homes.
In order to accommodate this, a temporary 14 space parking lot is proposed. Also a temporary E/One
grinder pump and sewer force main is proposed (until the permanent force main can be installed).
2.Provide the surface material for the parking area on the plan.
3.Stormwater runoff and snow management accommodations are not depicted on the plan.
Recommend facilities (possibly grass swales or rain garden) be provided for stormwater runoff for
the 10 year storm event.
4.The developer will assume responsibility for installation and maintenance of the temporary sewer
system.
Date:November 29, 2016 Job No.: 5241
To:Ken Weismantel, Planning Board Chairman
Cc:Jennifer Burke, Town Planner
From:Philip F. Paradis, Jr., PE
Subject:Legacy North Villages Modifications
Ref:O:\5200s\5241 - Hopkinton - Legacy Farm\Engineering\Reports\Legacy North Villages Modifications Memo 11-29-16.docx
Town of Hopkinton
Notice of Public Hearing on Zoning Bylaw Changes
On January 23, 2017 at 7:30 PM, the Hopkinton Planning Board will hold a public
hearing at Town Hall, Room 211, 18 Main Street, Hopkinton, MA on a proposed new
zoning bylaw, Article XXXIIIA, entitled Temporary Moratorium on Marijuana
Establishments, which, if approved by Town Meeting, will place a temporary
moratorium on the operation of Marijuana Establishments within the Town. A
complete copy of the proposed bylaw is available for review at the Town Clerk’s
Office located at 18 Main Street, Hopkinton, MA.
Town of Hopkinton
Moratorium on Marijuana Establishments
To see if the Town will vote to amend the Zoning Bylaw by inserting a new Article
XXXIIIA, entitled “Temporary Moratorium on Marijuana Establishments,” as
follows:
§ 210-222.1 Purpose. By vote at the State election on November 8,
2016, the voters of the Commonwealth approved a law regulating the
cultivation, manufacture, processing, distribution, sale, possession, testing
and use of marijuana. The law provides that it is effective on December 15,
2016, and that a new state agency, the Cannabis Control Commission
(CCC), is required to issue regulations regarding implementation by
September 15, 2017.
Article XXXIII of the Zoning Bylaw allows Registered Medical Marijuana
Dispensaries by Special Permit. The regulation of other types of Marijuana
Establishments, however, raises novel and complex legal, planning, and
public safety issues. The Town needs time to consider and address these
issues, as well as the potential impact of the forthcoming Cannabis Control
Commission regulations, by means of a comprehensive planning process to
consider amending the Zoning Bylaw to regulate Marijuana Establishments.
The temporary moratorium provided in Article XXXIIIA is intended to allow
sufficient time for the Town to engage in such a planning process and to
adopt suitable Zoning Bylaw provisions in a manner consistent with sound
land-use planning objectives.
§ 210-222.2 Definition. As used in Section 5.6.6, the term “Marijuana
Establishment” shall mean a marijuana cultivator, marijuana testing
facility, marijuana product manufacturer, marijuana retailer, or any other
type of marijuana-related business, subject to regulation under Chapter 94G
of the Massachusetts General Laws; provided, however, that a Registered
Medical Marijuana Dispensary shall not be deemed to be a Marijuana
Establishment.
§ 210-222.3 Temporary Moratorium. For the reasons set forth above and
notwithstanding any other provision of the Zoning Bylaw to the contrary,
the Town hereby adopts a temporary moratorium on the use of land or
structures as a Marijuana Establishment. The moratorium shall be in effect
through August 31, 2018. During the moratorium period, the Town shall
undertake a planning process to address the potential impacts of Marijuana
Establishments and other related land uses and structures, consider the
Cannabis Control Commission regulations regarding Marijuana
Establishments when they are issued, and shall consider adopting new
provisions of the Zoning Bylaw governing the location, operation and effects
of Marijuana Establishments for consideration by the 2018 Annual Town
Meeting.
or take any other action in relation thereto.
1
EXISTING CHARTER
REVISED CHARTER
ARTICLE 1: INCORPORATION,
EXISTENCE AND AUTHORITY
ARTICLE 1: INCORPORATION,
EXISTENCE AND AUTHORITY
Section 1-1: Incorporation - page 4
Section 1-1: Incorporation
Section 1-2: Short Title – page 4
Section 1-2: Short Title
Section 1-3: Powers of the Town – page 4
Section 1-3: Intent and Purpose
(to include former Section 5-3 and language
suggested by Personnel Committee)
Section 1-4: Division of Powers – page 4
Section 1-4: Division of Powers
Section 1-5: Interpretation of Powers – page
4 Moved to Section 8-1
Section 1-5: Ethical Standards
Section 1-6: Intergovernmental Relations –
page 5 Moved to Section 3-1
ARTICLE 2: LEGISLATIVE BRANCH
Section 1-7: Precedence of Charter
Provisions – page 5
Moved to Section 8-1
Section 2-1: Town Meeting
(to include former Sections 2-4 and 2-10)
Section 1-8: Ethical Standards – page 5 Moved to Section 1-5
Section 2-2: Warrants
Section 1-9: Definitions – page 5 Omitted
Section 2-3: Initiation of Warrant Articles
2
EXISTING CHARTER
REVISED CHARTER
ARTICLE 2: LEGISLATIVE BRANCH
Section 2-4: Town Moderator
(to include former Sections 3-4(a), (b), (d) and 3-
1(e)1)
Section 2-1: Town Meeting – page 7
Section 2-5: Clerk of the Meeting
Section 2-2: Presiding Officer – page 7 Moved to Section 2-4
Section 2-6: Rules of Procedure
Section 2-3: The Town Report – page 7
Moved to Section 3-1 Section 2-7: Appropriation Committee
Section 2-4: Special Town Meetings – page
7 Moved to Section 2-1
Section 2-5: Warrants – page 7 Moved to Section 2-2 ARTICLE 3: EXECUTIVE BRANCH
Section 2-6: Initiation of Warrant Articles
– page 8
Moved to Section 2-3
Section 3-1: Board of Selectmen (to include
former Sections 1-6 and 2-3)
Section 2-7: Availability of Town Officials
at Town Meetings – page 8
Omitted
Section 3-2: Town Manager
Section 2-8: Clerk of the Meeting – page 8
Moved to Section 2-5 Section 3-2(a): Appointment, Qualifications and
Review Procedure
Section 2-9: Rules of Procedure – page 9 Moved to Section 2-6
Section 3-2(b): Powers and Duties
3
EXISTING CHARTER
REVISED CHARTER
Section 2-10: General Powers and Duties -
page 9 Moved to Section 2-1
Section 3-2(c): Removal and Suspension
ARTICLE 3: ELECTED OFFICERS
Section 3-2(d): Vacancy in the Office of the Town
Manager
Section 3-1: General – page 9
Moved to Sections 2-
4, 4-10, 5-1 and 5-2 Section 3-3: Town Clerk
Section 3-2: Board of Selectmen – page 12
Moved to Section 3-1
Section 3-4: Department of Public Works (New)
Section 3-3: School Committee – page 13
Moved to Section 4-1 ARTICLE 4: OTHER ELECTED OFFICERS
AND BOARDS
Section 3-4: Town Moderator – page 13
Moved to Sections 2-4
and 2-8 Section 4-1: School Committee
Section 3-5: Hopkinton Housing Authority
– page 14 Moved to Section 4-8 Section 4-2: Planning Board
Section 3-6: Planning Board –page 14
Moved to Section 4-2 Section 4-3: Board of Health
Section 3-7: Town Clerk – page 14
Moved to Section 3-3
Section 4-4: Board of Assessors
Section 3-8: Board of Assessors – page 15 Moved to Section 4-4 Section 4-5: Board of Library Trustees (NEW)
4
EXISTING CHARTER
REVISED CHARTER
Section 3-9: Board of Health – page 15
Moved to Section 4-3 Section 4-6: Parks and Recreation Commission
Section 3-10: Parks and Recreation
Commission – page 15 Moved to Section 4-6 Section 4-7: Board of Cemetery Commissioners
(NEW)
Section 3-11: Other Elected Officers – page
15
Omitted
Section 4-8: Housing Authority
ARTICLE 4: TOWN MANAGER
Section 4-9: Commissioners of Trust Funds
(NEW)
Section 4-1: Appointment, Qualifications
and Review Procedure – page 16
Moved to Section 3-
2(a)
Section 4-10: General Provisions
Section 4-2: Powers and Duties - page 16
Moved to Section 3-
2(b)
ARTICLE 5: ELECTIONS
Section 4-3: Removal and Suspension –
page 18
Moved to Section 3-
2(c)
Section 5-1: Town Election (to include former
Section 3-1(b))
Section 4-4: Vacancy in the Office of the
Town Manager – page 18
Moved to Section 3-
2(d)
Section 5-2: Recall Provision for Elected
Officerholders (to include former Section 3-1(f))
ARTICLE 5: ADMINISTRATIVE
ORGANIZATION
ARTICLE 6: ADMINISTRATIVE
ORGANIZATION
5
EXISTING CHARTER
REVISED CHARTER
Section 5-1: Organization of Town Agencies
– page 19 Moved to Section 6-1 Section 6-1: Organization of Town Agencies
Section 5-2: Publication of Administrative
Order – page 20 Omitted
Section 6-2: Removals
Section 5-3: Merit Principle – page 20 Moved to Section 1-3 Section 6-3: Loss of Office, Excessive Absence
Section 5-4: Department of Finance – page
20
Omitted Section 6-4: Notice of Vacancies
Section 5-5: Finance Director – page 21
Omitted Section 6-5: Term of Office (NEW)
ARTICLE 6: FINANCE AND FISCAL
PROCEDURES
Section 6-1: Fiscal Year – page 21
Moved to Section 7-1
ARTICLE 7: FINANCE AND FISCAL
PROCEDURES
Section 6-2: Submission of Budget – page
22 Moved to Section 7-2 Section 7-1: Fiscal Year
Section 6-3: Capital Improvements – page
23
Moved to Section 7-3 Section 7-2: Submission of Budget
Section 6-4: Approval of Warrants – page
23
Moved to Section 3-
2(b)15 Section 7-3: Capital Improvements
6
EXISTING CHARTER
REVISED CHARTER
Section 6-5: Audits – page 23 Moved to Section 7-4
Section 7-4: Audits
ARTICLE 7: GENERAL PROVISIONS
ARTICLE 8: GENERAL PROVISIONS
Section 7-1: Charter Changes – page 24 Omitted Section 8-1 Interpretation of Powers
(to include former Sections 1-5, 1-7, 8-1 and 8-2)
Section 7-2: Severability – page 24
Moved to Section 8-4
Section 8-2: Periodic Charter Review
Section 7-3: Specific Provisions to Prevail –
page 24
Omitted
Section 8-3: Rules and Regulations
Section 7-4: Number and Gender – page 24 Omitted Section 8-4: Severability
Section 7-5: Rules and Regulations – page
24
Moved to Section 8-3 Section 8-5: Effective Date
Section 7-6: Periodic Charter Review – page
24 Moved to Section 8-2
Section 7-7: Removals – page 25
Moved to Section 6-2
7
EXISTING CHARTER
REVISED CHARTER
Section 7-8: Loss of Office, Excessive
Absence – page 25 Moved to Section 6-3
Section 7-9: Notice of Vacancies – page 26 Moved to Section 6-4
ARTICLE 8: TRANSITIONAL
PROVISIONS
Section 8-1: Continuation of Existing Laws
– page 26 Omitted.
Section 8-2: Continuation of Government –
page 26 Omitted.
Section 8-3: Continuation of Administrative
Personnel – page 26 Omitted
Section 8-4: Transfer of Records and
Property – page 26 Omitted
Section 8-5: Effective Date – page 27
APPENDICES Omitted
Appendix A: Appointment Lists – page 28 Omitted
8
1-1
No change. PREAMBLE:
We, the people of the Town of Hopkinton, Massachusetts, in order to affirm
the customary and traditional liberties of the people with respect to the
conduct of our local government, and to take the fullest advantage inherent
in the home rule amendment of the constitution of the Commonwealth, do
hereby adopt the following Home Rule Charter for this Town.
ARTICLE 1: INCORPORATION, EXISTENCE AND AUTHORITY
No change. Section 1-1: Incorporation
The inhabitants of the Town of Hopkinton, within the corporation limits as
established by law, shall continue to be a body corporate and politic with
perpetual succession under the name “Town of Hopkinton.”
No change. Section 1-2: Short Title
This instrument shall be known and cited as the Hopkinton Home Rule
Charter.
Section 1-3: Intent and Purpose Powers of the Town
Section 1-3 has been renamed and amended to
include the Merit Principle previously contained
in in Section 5-3 and a diversity statement
suggested by the Personnel Committee.
It is the intent and purpose of the voters of the Town of Hopkinton, through
the adoption of this Charter, to secure for the Town all the powers possible
under the Constitution and statutes of the Commonwealth, as fully and as
completely as though each such power were specifically and individually
enumerated herein.
The Town of Hopkinton is committed to equal opportunity, diversity and
inclusion and believes that a positive culture of inclusion in Town
governance contributes to the Town’s overall qualities as a great place to live
and work. To this end, aAll appointments and promotions of Town officers
and employees shall be made solely on the basis of merit and fitness
demonstrated by examination or other evidence of competency and
suitability.
1-2
One clarifying change. Section 1-4: Division of Powers
The administration of all the fiscal, prudential and municipal affairs of the
Town shall be vested in an executive branch headed by a Board of Selectmen
and administered by a Town Manager. The legislative powers shall be
exercised by an open Town Meeting.
Former Section 1-5 moved to Section 8-1
(Interpretation of Powers).
Renumbered – former section 1-8. Section 1-5: Ethical Standards
Elected and appointed officers and employees of the Town of Hopkinton are
expected to demonstrate, by their example, in general conduct and in the
performance of their duties and responsibilities, the highest ethical
standards to the end that the public may justifiably have trust and
confidence in the integrity of its government. Elected and appointed officers
and employees of the Town of Hopkinton are expected to recognize that they
act always as agents for the public, that they hold their offices or positions
for the benefit of the public, that the public interest is their primary concern,
and that they are expected to faithfully discharge the duties of their offices
regardless of personal considerations. Elected and appointed officials and
employees of the Town of Hopkinton shall not use their official positions to
secure or grant special consideration, treatment, advantage, privilege or
exemption to themselves or to any other person beyond that which is
available to every other person.
Former Section 1-6 (Intergovernmental Relations)
moved to Section 3-1 (Board of Selectmen).
Former section 1-7 omitted.
Former Section 1-9 (Definitions) omitted.
2-1
ARTICLE 2: LEGISLATIVE BRANCH
Section 2-1: Town Meeting
Former Section 2-1 combined with provisions
of former Sections 2-4 and 2-10 related to
Town Meeting.
Underlined language in first paragraph
moved from former Section 2-10 (General
Powers and Duties).
The legislative powers of the Town shall be exercised by a Town Meeting open
to all registered voters of the Town. The Town Meeting shall provide for the
exercise of all of the powers of the Town and for the performance of all duties
and obligations imposed upon the Town for which no other provision is made in
this Charter, by the Massachusetts Ggeneral laws, by this Charter or by Town
Bbylaw.
Underlined language in second paragraph
moved from former Section 2-4 (Special Town
Meeting).
The Annual Town Meeting shall be held on a date fixed by Town Bbylaw.
Special Town Meetings shall be held at the call of a majority of the full Board of
Selectmen at such times as they deem necessary, in order to transact the
legislative business of the Town in an orderly manner. Special Town Meetings
shall also be held on the petition of two hundred (200) or more voters, in the
manner provided by the Massachusetts Ggeneral Llaws and orto by Town
Bbylaw.
Former Section 2-2 (Presiding Officer) moved
to Section 2-4 (Town Moderator).
Renumbered – former Section 2-5. Section 2-2: Warrants
Every Town Meeting shall be called by a warrant issued by the Board of
Selectmen, which shall state the time and place at which the meeting is to
convene and, by separate articles, identify the subject matter to be acted upon.
The publication of the warrant for every Town Meeting shall be in accordance
with the Massachusetts Ggeneral Llaws and with any Town Bbylaw governing
such matters.
Former Section 2-3 (Town Report) moved to
Section 3-1 (Board of Selectmen).
Renumbered – former Section 2-6. Section 2-3: Initiation of Warrant Articles
2-2
Old subsection 2-6(b), Referral, omitted.
(a) Initiation – Subject to paragraph (c) belowSections 2-3(b) and (c) of this
Charter, the Board of Selectmen shall, at any time, receive at any time
petitions addressed to it which requesting the submission of any matter to the
Town Meeting and which are filed by: (1) any department head town officer, (2)
any multiple member bodyboard or committee acting by a majority of its
members, (3) any ten (10) voters for an Annual Town Meeting orand any one
hundred (100) voters for a Special Town Meeting.
(b) Inclusion ion the Warrant – Annual Town Meeting – The Board of
Selectmen shall include in the warrant, for an Annual regular Town Meeting,
the subject matter of all petitions which that it has have been received by itat
least ninety (90) sixty (60) or more days prior to the date fixed by Town Bbylaw
for Town Meeting to convene. The Board of Selectmen shall not include in any
such warrant the subject matter of any petition which that it has been received
by it after said datey; nor shall any matter originating with the Board be
included after said date.
(c) Inclusion ion the Warrant – Special Town Meeting - Whenever a
Special Town Meeting is to be called, the Board of Selectmen shall providegive
notice thereof to all boards and, committees and department heads Town
Agencies of such intention and shall publish a notice thereof of its intention in a
local news mediumpaper. The Board of Selectmen shall include in the warrant
for such Special Town Meeting the subject matter of all petitions, which are it
receivesd at its office on or before the close of the tenth (10th) business day
following such publication.
Former Section 2-4 (Special Town Meetings)
combined into Section 2-1 (Town Meeting).
Combines former Section 2-2 (Presiding
Officer) with former Section 3-4(a), (b) and
(d) (Town Moderator) and Section 3-1(e)1
(General).
Section 2-4: Town Moderator
2-3
Moved from former Section 3-4(a) (a) Term of Office – There shall be Town Moderator elected for a term of
three (3) years.
Subsection (b) is a combination of former
Sections 2-2 and 3-4(b).
(b) Powers and Duties – The Moderator, elected as provided in Section 3-
4, shall preside at all sessions of the Town Meeting. The Moderator, at Town
Meetings, shall regulate the proceedings, decide all questions of order, make
public declaration of all votes, and may exercise such additional powers and
duties as may be authorized by the Massachusetts Ggeneral Llaws, by this
Ccharter, by Town Bbylaw or by other vote of the Town Meeting vote.
Subsection (c) is a combination of former
Sections 2-2 and 3-4(d).
(c) Deputy Moderator and Acting Moderator – At the first session of
each Town Meeting, the Moderator He shall, at the first session of Town
Meeting, appoint a voter to serve as Deputy Moderator to serve in the event of
histhe temporary absence or disability of the Moderator, and/or to assist the
Moderator forwith meetings held in multiple locations., provided the Town
Meeting shall ratify such appointment. The Deputy Moderator may also
temporarily serve in the case where the Moderator is placed in conflict or the
appearance of conflict arises with regard to the substance of a particular article
or matter under consideration. The appointment of a Deputy Moderator shall
be subject to ratification by the Town Meeting.
In the absence of the Moderator and the duly ratified Deputy Moderator at any
session of Town Meeting, the Town Clerk shall open the meeting and preside
over the election of an Acting Moderator. In the absence of the Moderator.
Deputy Moderator and the Town Clerk, the presiding officer of the first session
of the Town Meetingelection of an Acting Moderator shall be determined
accomplished in accordance with the Massachusetts Ggeneral Llaws.
Subsection (d) is derived from former Section
3-1(e)1.
(d) Vacancy - If there is a failure to elect, or if a vacancy occurs in the office
of Town Moderator, the Board of Selectmen shall appoint a suitable person to
serve until the next Ttown election.
Former Section 2-5 (Warrants) moved to
Section 2-2.
2-4
Renumbered – former Section 2-8. Section 2-5: Clerk of the Meeting
The Town Clerk shall serve as clerk of the Town Meeting, give public notice of
all adjourned sessions of the Town Meeting, record its proceedings, and perform
such additional duties in connection therewith as may be provided by the
Massachusetts Ggeneral Llaws, by this Charter, by Town Bbylaw or by other
Town Meeting vote.
Former Section 2-6 (Initiation of Warrant)
moved to Section 2-3.
Renumbered – former Section 2-9 Section 2-6: Rules of Procedure
The Town Meeting may, by Town Bbylaw, establish and from time to time
amend, revise or repeal rules to govern the conduct of all Town Meetings.
Former Section 2-7 (Availability of Town
Officials at Town Meetings) - Omitted
Section 2-7: Appropriation Committee
New section. The appointment of the
Appropriation Committee was addressed in
former Section 3-4(c), which described the
Moderator’s appointment powers.
There shall be an Appropriation Committee which shall consist of five (5)
members, serving for three (3) year terms so arranged that as nearly an equal
number of terms as possible shall expire each year.
The Appropriation Committee shall be appointed by an appointing committee
composed of the Moderator, the Chair of the Board of Selectmen and the Town
Clerk.
Former Section 2-8 (Clerk of the Meeting)
moved to Section 2-5.
Former Section 2-9 (Rules of Procedure)
moved to Section 2-6.
Former Section 2-10 (General Powers and
Duties) combined into Section 2-1 as noted
above.
3-1
Retitled from Elected Officers. ARTICLE 3: EXECUTIVE BRANCH
Former Section 3-1 (general provisions relative to
elected officers) moved to Article 2 (Legislative
Branch), Section 2-4 (Town Moderator), Article 4
(Other Elected Boards and Officers), Section 4-11
(General), and Article 5 (Elections), Sections 5-1
(Town Election) and 5-2 (Recall Provisions).
Combines former Section 3-2 (Board of Selectmen)
with former Sections 1-6 (Intergovernmental
Relations) and 2-3 (Town Report).
Section 3-1: Board of Selectmen
(a) Composition, Term of Office - There shall be a Board
of Selectmen consisting of five (5) members elected for terms of
three (3) years each, so arranged that the term of office of as
nearly an equal number of members as is possible shall expire
each year.
(b) Powers and Duties – The executive powers of the Town
shall be vested in the Board of Selectmen, which shall be
deemed to be the chief executive office of the Town. The Board
of Selectmen shall have all of the executive powers it is possible
for a Board of Selectmen to have and to exercise, except those
powers and duties assigned by this Charter, by Town Bbylaw or
by other Town Meeting vote to the Town Manager; provided,
however, that any provision of the Massachusetts General Laws
conferring authority on the Town’s chief executive officer shall
be interpreted to confer such authority on the Town Manager,
subject to ratification of the Board of Selectmen. The Board of
Selectmen:
1. Shall serve as the chief policy making agency board of
the Town.
3-2
Section 3-1(d) clarifies that the Police and Fire
Chiefs have all the powers and duties conferred by
the respective “Strong Chiefs” statutes and that the
Town Clerk will become appointed at the end of the
term of the current elected Clerk.
2. Shall be responsible for the formulation and
promulgation of policy to be followed by all Town
Agencies serving under it.
3. Shall, in conjunction with other elected Town officers
and multiple member bodiesboards and committees,
develop and promulgate policy guidelines designed to
bring all Town Agencies into harmony.
3.4. Shall fix the compensation of the Town Clerk.
Except as provided in Section 3-1(d) of this Charter, nNothing
in this Ssection shall be construed to authorize any member of
the Board of Selectmen, nor a majority of such members, to
become involved in the day-to-day administration of any Town
departmentAgency.
(c) Licensing Authority Other Than Alcoholic
Beverages – Other than licenses for the sale or distribution of
alcoholic beverages, tThe Board of Selectmen shall be the
licensinge board of the Town and shall have the power to issue
licenses, to make reasonable rules and regulations regarding
the issuance of such licenses and to attach such conditions and
restrictions thereto such licenses as it deems to be in the public
interest provided such rules, regulations, conditions and
restrictions are not incompatible with applicable law. The Board
of Selectmen shall enforce the laws relating to all businesses for
which it issues licenses. The Board of Selectmen may delegate
such licensing authority unless specifically prohibited by the
Massachusetts Ggeneral Llaws.
(d) Appointing Authority - The Board of Selectmen shall
appoint the Town Manager, Town Counsel, Police Chief, Fire
Chief, Town Clerk and, except as otherwise provided by
statutethe Massachusetts General Laws or this Charter, all
members of appointed boards and committees and
commissionsmultiple member bodies for whom no other method
3-3
Former subsection 3-2(e), Investigations, omitted.
New subsection (e) moved from former Section 1-6.
Change from “Town” to “Board of Selectmen” reflects
changes in the General Laws that allow Selectmen to
enter into such agreements
Subsection (f) moved from former Section 2-3.
Subsection (g) moved from former Section 3-1(e)3.
of selection is provided by the general laws, by the Charter or by
bylaw, except officials appointed by state officers. The Police
Chief shall be appointed and removed subject to the “strong
chiefs” law. The and Fire Chief shall be appointed and removed
subject toin accordance with the provisions of, and shall have all
the powers and duties specified in the “strong chiefs” lawM.G.L.
c.41, §97 and M.G.L. c.48. §42, respectively. No appointment of
a Town Clerk pursuant to this Section shall become effective
prior to the next Annual Town Election after the first
anniversary of the effective date of this Charter May 21, 2018,
unless a vacancy occurs in the office prior to that date.
Except as otherwise provided by the Massachusetts General
Laws, the Board of Selectmen shall be responsible for
supervisinge, setting goals for, performing evaluations of, and
disciplininge the Town Manager, Town Counsel, Police Chief,
Fire Chief and all employees within the office of the Town
Clerk.
(e) Intergovernmental Relations - The Board of
SelectmenTown may enter into agreements with any other unit
or units of government to perform jointly or in cooperation, by
contract or otherwise, any of its powers or functions.
(f) The Town Report - The Board of Selectmen shall
publish theissue an Annual Town Report and make it available
at least fourteen (14) days in advance of the Annual Town
Meeting.
(g) Vacancy – If there is a failure to elect, or if a vacancy occurs
in the membership of the Board of Selectmen, the remaining
members of the Board of Selectmen may call a special election to
fill such vacancy andor shall call such special election upon the
written request of two hundred (200) or more voters; provided that
3-4
such request is filed with the Board of Selectmen not less than one
hundred (100) days prior to the date of the next annual election.
Former Section 3-2 moved to Section 3-1 as noted
above.
Renumbered – former Article 4 (Town Manager)
moved and renumbered throughout to place the
Selectmen and Manager intounder one Executive
Branch article.
Section 3-2: Town Manager
(a) Appointment, Qualifications and Review
Procedure
1. The Board of Selectmen, by an affirmative vote of the
majority of the full Boardat least three (3) members,
shall appoint a Town Manager for a three-year (3)
term , and fix the compensation of the Town Manager
within the amount annually appropriated for this
purpose. The office position of the Town Manager
shall not be subject to the Town’s Salary
Administration Plan.
2. The Town Manager shall be appointed solely on the
basis of the candidate’shis executive and
administrative qualifications. The Town ManagerHe
shall be a professionally qualified person of proven
ability, especially fitted by education, training and
previous experience to perform the duties of this
office. The Town Manager shall be appointed solely on
the basis of the candidate’s executive and
administrative qualifications. The Town ManagerHe
shall not have served as a member of the Board of
Selectmen for at least five (5) years prior to the Town
Manager’shis appointment. The Ttown may from time
to time, by Town Bbylaw, establish such additional
3-5
qualifications for the Town Manager as deemed
necessary and/or appropriate.
32. The position of Town Manager shall be a full-time
position and the Town Manager shall devote his best
efforts to the office and shall not hold any other public
office, elective or appointive, nor engage in any
business or occupation during thehis term of
employment, unless said action is fully disclosed
andwritten approval is granted by the Board of
Selectmen in advance, in writing.
43. The Board of Selectmen shall provide for an annual
review of the job performance of the Town Manager,
which shall , at least in summary form, be a public
record in accordance with the personnel bylaw or
accepted evaluation process.
(b) Powers and Duties – The Town Manager shall be the
chief administrative officeror of the Town and shall be
responsible to the Board of Selectmen for the proper
administration of all Town affairs placed in the Town
Manager’shis charge by this Charter. The powers and duties of
the Town Manager shall include but are not intended to be
limited to the following:
1. To supervise and be responsible for the efficient and
coordinated administration of all Town functions
under the Town Manager’shis control, as may be
authorized by thise Charter, by Town Bbylaw, by
other Town Meeting vote or by the Board of
Selectmen, including all officers appointed by the
Town Managerhim and their respective departments.
3-6
Sections 3-2(b)3 through 7 are new provisions setting
forth the appointment, supervision, goal-setting,
evaluation and discipline authority of the Town
Manager.
2. To coordinate the activities of all Town Agencies
serving under the Town Manager and/or the Board of
Selectmen with those under the control of other
officers and multiple member bodiesboards and
committees elected directly by the voters. For this
purpose, the Town Manager shall have the authority
to require the persons so elected officers, boards and
committees, or their representatives, to meet with the
Town Manager at reasonable times for the purpose of
effecting coordination and cooperation among all
agencies of the Town Agencies.
3. Except as otherwise provided in this Charter, to
appoint and remove all employees of the Town;
provided, however, that the appointment of a
Treasurer/Collector and a Principal Assessor shall
each be for a term not to exceed three (3) years; and
provided further, however, that the Conservation
Commission may appoint a Conservation
Administrator, in accordance with the Personnel
Policies of the Town, based on the recommendation of
the Town Manager. Appointments made by the Town
Manager shall be filled at a regularly scheduled
meeting of the Board of Selectmen and shall become
effective upon confirmation by the affirmative vote of
the majority of the Board of Selectmen.
4. To supervise all employees of the Town, other than
employees of the School Department, Police
Department, and Fire Department and the Town
Clerk’s office; provided, however, that the Town
Manager’s supervision of employees appointed other
than by the Town Manager shall be consistent with
programmatic policy direction from the employee’s
appointing authority.
3-7
5. To set goals for all employees of the Town, other than
employees of the School Department, Police
Department, and Fire Department and Town Clerk’s
office; provided, however, that goals for employees
appointed other than by the Town Manager shall be
set by the Town Manager with input and approval
from the employee’s appointing authority.
6. To perform evaluations of all employees of the Town,
other than employees of the School Department,
Police Department, and Fire Department, and the
Town Clerk’s office; provided, however, that
evaluations of employees appointed other than by the
Town Manager shall be performed by the Town
Manager with input from members of the employee’s
appointing authority.
7. ToTo discipline all employees of the Town, other than
employees of the School Department, Police
Department, and Fire Department, and the Town
Clerk’s office; provided, however, that discipline of
employees appointed other than by the Town Manager
shall be subject to appeal to the employee’s appointing
authority and discipline of employees appointed by the
Town Manager shall be subject to appeal to the Board
of Selectmen.
8. To act as the Town’sa negotiator for all collective
bargaining agreements to which the Board of
Selectmen is a party.
9. To fix the compensation of all Town officers and
employees, appointed by himother than employees of
the School Department, Police Department, and Fire
3-8
Former Section 6-4.
Department, and the Town Clerk’s office. within the
limits established by the any applicable Salary
Administration Plan or, collective bargaining
agreements or as required by the Massachusetts
Ggeneral Llaws.
10. To attend all regular and special meetings of the
Board of Selectmen, unless excused at the Town
Manager’shis request, and to have a voice, but no vote,
in all discussions.
11. To attend all sessions of the Town Meeting and to
answer all questions directed to the Town
Managerhim which that are related to the office of the
Town Manager or concerning which the Town
Managerhe possesses the relevant information.
12. To see that all provisions of the Massachusetts
Ggeneral Llaws, of thise Ccharter, of the Town
Bbylaws, and other Town Meeting votes, and
directives of the Board of Selectmen that require
enforcement by the Town Managerhim or by officers
or employees subject to the Town Manager’shis
direction and supervision, are faithfully carried out.
13. To coordinate oversee the preparation of the Town’s
annual budget.
14. To coordinate oversee the preparation of the Town’s
Aannual Rreport.
15. To approve for payment all items contained in the
Town warrants submitted by the Town
Treasurer/Collector; provided, however, that the
Board of Selectmen shall be authorized to approve for
3-9
payment items contained in the Town warrants in the
absence of the Town Manager or if there is a vacancy
in the office of Town Manager.
165. To perform such additional duties as necessary or as
may be assigned by this Charter, by Town Bbylaw, by
Town Meeting vote or by the Board of Selectmen.
(c) Removal and Suspension – The Board of Selectmen
may, by the affirmative vote of at least four (4) members of the
Board of Selectmen, terminate and remove or suspend the Town
Manager from office in accordance with the following procedure:
1. The Board of Selectmen shall adopt a preliminary
resolution of removal by the affirmative vote of at
least four (4) members, which must state the reason or
reasons for removal. The preliminary resolution may
suspend the Town Manager for a period not to exceed
forty-five (45) days. A copy of the resolution shall be
delivered to the Town Manager within forty-eight (48)
hours of its adoption.
2. Within seven (7) days after receipt of the preliminary
resolution, the Town Manager may request a public
hearing by fileing a written request for asuch a
hearing with the Board of Selectmen. This hearing
shall be held at a meeting of the Board of Selectmen
not sooner than three (3) days or later than twenty
(20) days after the request is filed nor earlier than
three (3) days after the request if filed. The Town
Manager may file a written statement responding to
the reasons stated in the resolution of removal with
3-10
the Board of Selectmen, provided the same is received
at the office of the Board of Selectmen more than
forty-eight (48) hours in advance of the public hearing.
3. If the Town Manager has not requested a public
hearing pursuant to Section 3-2(c)2 paragraph (2)
aboveof this Charter, the Board of Selectmen, by the
affirmative vote of at least four (4) members of the
Board of Selectmen, may adopt a final resolution of
removal not less than ten (10) nor more than twenty-
one (21) days following the date of delivery of a copy of
the preliminary resolution to the Town Manager. If
the Town Manager has requested a public hearing
pursuant to Section 3-2(c)2 paragraph (2) aboveof this
Charter, the Board of Selectmen, by the affirmative
vote of four (4) members of the Board of Selectmen,
may adopt a final resolution of removal upon the close
of such hearing but, in any case, not more than 45
days following the adoption of the preliminary
resolution of removal. Failure to adopt a final
resolution of removal within the time periods as
provided in this Ssection shall nullify the preliminary
resolution of removal andany suspension of the Town
Manager, who shall thereupon , at the expiration of
said time, resume the duties of the office; provided,
however, that the Board of Selectmen, by the
affirmative vote of at least three (3) members may
reinstate the Town Manager at any time.
4. Any action by the Board of Selectmen to terminate,
remove or suspend the Town Manager shall be
conducted pursuant toin accordance with the
provisions of M.G.L.A. c 39, sec.23B, the Open Meeting
Law, M.G.L. c.30A, §§18-25.
3-11
The action of the Board of Selectmen in terminating, removing
or suspending the Town Manager shall be final.
(d) Vacancy in the Office of the Town Manager
1. Permanent Vacancy-The Board of Selectmen shall
fill any permanent vacancy in the office of the Town
Manager as soon as possible in accordance with
Ssection 4-13-2 (a)1 of this Ccharter. Pending the
appointment of a Town Manager or filling of any
vacancy, the Board of Selectmen shall, within a
reasonable period of time, not to exceed fourteen (14)
days of its receipt of notice of the vacancy, appoint
some other capable person to temporarily perform the
duties of the Town Manager temporarilya new Town
Manager is appointed and assumes officeuntil a
permanent replacement is appointed.
2. Temporary Absence or Disability- The Town
Manager may designate, by letter filed with the Town
Clerk and Board of Selectmen, a capable officer of the
Town to perform the duties of Town Manager during a
temporary absence or disability. If such absence or
disability exceeds thirty (30) days, any designation by
the Town Manager shall be subject to approval by the
Board of Selectmen.
In the event of failure of the Town Manager to make
such a designation, or if the person so designated is
unable to serve, the Board of Selectmen may
designate some other capable person to perform the
duties of Town Manager during the Town Manager’s
temporary absence or disabilityuntil such time as the
Town Manager returns.
3-12
3. Powers and Duties- The powers and duties of the
acting Town Managerperson appointed or designated,
pursuant to under Ssection 3-2(da)1 orand 2 of this
Charter(b) above, shall be limited to matters not
admitting of delay and shall include authority to make
temporary, emergency appointments or designations
to Town office or employment, but not to make
permanent appointments or designations.
Section 3-3 is a revised version of former Section 3-7
reflecting the Charter Review Committee’s
recommendation to make the Town Clerk appointed.
Section 3-3: Town Clerk
Section 3-3 is a revised version of former Section 3-7
reflecting the Charter Review Committee’s
recommendation to make the Town Clerk appointed.
(a) Powers and Duties - The Town Clerk shall be the
keeper of vital statistics for the Town, the custodian of the Town
seal and all records of the Town; shall administer the oath of office
to all Town officers and members of boards and committees,
whether elected or appointed; shall issue such licenses and permits
as are required by the Massachusetts General Laws to be issued by
such clerks; shall supervise and manage the conduct of all elections
and matters relating thereto and shall be the clerk of the open
Town Meeting, keep its records and, in the absence of the Town
Moderator and Deputy Town Moderator, serve as temporary
presiding officer pursuant to Section 2-4(c)5 of this Charter; and
shall appoint all employees in the office of the Town Clerk. The
Town Clerk shall have all the other powers and duties thatwhich
are given to Town Clerks by the Massachusetts General Laws, and
such additional powers and duties as may be provided by this
Charter, by Town Bylaw or by Town Meeting vote.
(b) Vacancy - If a vacancy occurs in the office of Town
Clerk, the Assistant Town Clerk shall serve as Town Clerk until a
new Town Clerk is appointed and sworn into office. Should the
Assistant Town Clerk be unable to serve as Town Clerk, the Board
of Selectmen shall appoint an acting Town Clerk to serve until a
new Town Clerk is appointed and sworn intoassumes office.
3-13
Former Section 3-3 (School Committee moved to
Section 4-2.
New section. Incorporates provisions of the special
acts that abolished the board of public works and
createdgoverning the DPW.
Section 3-4 Department of Public Works
(a) There shall be a Department of Public Works, which
shall be under the supervision and control of the Town
Manager, except for those powers and duties assigned under
this Charter to the Board of Selectmen.
(b) The Department of Public Works shall have all the
powers and duties now or from time to time vested by the
Massachusetts General Laws, this Charter or any Special Act
in the following boards, committees, departments and offices:
highway department, including highway superintendent;
sewer department and water department, including the board
of water and sewer commissioners; insect pest control
superintendent; and tree warden.
(c) The Department of Public Works shall be responsible
for maintenance of Town buildings and grounds, including
maintenance and snow removal of driveways and parking
areas of school buildings, but excepting maintenance of the
remainder of the properties under the care, custody and
control of the School Committee.
(d) Except as otherwise provided in this Charter, tThe
Department of Public Works shall be responsible for
maintenance of property under the care, custody and control of
the Parks and Recreation Commission and the Cemetery
Commission; provided, however that the Parks and Recreation
Commission shall continue to have responsibility for the
3-14
development and acquisition of new parks and park land, the
expansion or upgrade of existing parks and park land, and the
scheduling and operation of recreation programs; and provided
further that the Cemetery Commissioners shall continue to
determine eligibility for and the rates to be charged for burial
in the Town's cemeteries, and to supervise the investment and
expenditure of the cemetery funds now existing or hereafter
paid for the purchase of cemetery lots and maintenance
agreements.
(e) Notwithstanding any contrary provisions of the
Massachusetts General Laws, tThe Department of Public
Works shall have such additional powers with regard to the
furnishing of engineering services, the collection and disposal
of garbage and refuse, and the performance of such duties of
any other boards, committees, departments and offices of the
town as may be reasonably related to the duties and
responsibilities of a department of public works, as the Town
may, from time to time, provide by Town bBy-law or by Town
Meeting votevote of the Town Meeting provide,
notwithstanding any contrary provisions of the Massachusetts
General Laws.
(f) Rates – The Board of Selectmen shall have the
exclusive authority to establish rates, fees and other charges
for the services, programs and other public benefits
administered by the Department of Public Works.
(g) Director of Public Works – The Director of Public
Works shall be appointed for a term not to exceed of one (1) to
three (3) years. The Director shall exercise and perform such
of the powers, rights and duties which have been transferred
3-15
toof the Department of Public Works as the Town Manager
may from time to time designate. The Director shall be
responsible for the efficient exercise and performance of such
powers, rights and duties and shall hold office subject to the
will of the Town Manager. The Director shall be specifically
fitted by education, training and experience to perform the
duties of the office and may or may not be a resident of the
town. Except as otherwise set forthprovided in this Charter,
during the Director's tenure, the Director shall hold no elective
or other appointive office, and nor shall the Directornot be
engaged in any other business or occupation. The Director
shall keep full and complete records of the doings of the
Director's office and shall render to the Board of Selectmen as
often as it may require a full report of all operations under the
Director's control during the period reporting upon.
(h) The Director of Public Works shall establish within the
Department of Public Works the following functions: highway;
water; sewer; cemetery; maintenance; park maintenance;
forestry; solid waste disposal; recycling; tree; pest control and
building and ground maintenance.
(i) The Director of Public Works shall appoint annually a
Tree Warden who shall possess have all of the powers and
duties of Tree Wardens as specified in the Massachusetts
General Laws. The Tree Warden shall be a resident of the
Ttown of Hopkinton. The Director may be appointserve ased
as the Tree Warden if the Director is such a resident.
3-16
Former Section 3-4 (Town Moderator) moved to
Sections 2-4 and 2-8.
Former Section 3-5 (Housing Authority) moved to
Section 4-9.
Former Section 3-6 (Planning Board) moved to
Section 4-3.
Former Section 3-7 (Town Clerk) moved to Section
4-1.
Former Section 3-8 (Board of Assessors) moved to
Section 4-5.
Former Section 3-9 (Board of Health) moved to
Section 4-4.
Former Section 3-10 (Parks and Recreation)
moved to Section 4-7.
Former Section 3-11 (Other Elected Boards)
omitted.
4-1
Former Article 4 (Town Manager)
moved to Article 3 (Executive
Branch), Section 3-2 (Town
Manager).
ARTICLE 4: Other Elected Officers and Boards
Renumbered – former Section 3-3. Section 4-1: School Committee
(a) Composition, Term of Office - There shall be a School Committee
consisting of five (5) members elected for terms of three (3) years each, so arranged
that the term of office of as nearly an equal number of members as is possible shall
expire each year.
(b) Powers and Duties - The School Committee shall have all of the powers
and duties thatwhich are given to school committees by M.G.L.A. and have such
additional powers and duties as may be authorized by this charter, by bylaw, or by
other Town Meeting votethe Massachusetts General Laws. The powers of the School
Committee shall include, but are not intended to be limited to the following:
1. To appoint a Ssuperintendent of Schools, and such other officers as
allowed by the general lawsas authorized by M.G.L. c.71the Massachusetts General
Laws;, to fix compensation and to define their duties; to, make rules concerning their
tenure of office and to discharge them; provided, however, that all other School
Department employees shall be appointed in accordance with M.G.L. c.71the
Massachusetts General Laws..
2. To make all reasonable policies consistent with the Massachusetts
General LawsM.G.L.A. or Department of Elementary and Secondary Education
regulations for the administration and management of the public school system and
for the conduct of its own business and affairs.
3. To adopt and submit an annual budget request in accordance with
Section 7-2 of this Charter.
Renumbered – former Section 3-6. Section 4-2: Planning Board
(a) Composition, Term of Office - There shall be a Planning Board
consisting of nine (9) members each elected for a term of five (5) years each, such
Formatted Table
4-2
terms being so arranged in order that the term of office of as nearly an equal number
of members as possible shall expire each year.
(b) Powers and Duties - The Planning Board shall have those powers and
duties that have been given to Planning Boards under by the constitution and
Massachusetts Ggeneral Llaws, and shall also have such additional powers and
duties as may be authorized by thise Charter, by Town Bbylaw or by other Town
Meeting vote.
(c) Appointments – The appointment of Town Planner shall be made by the
Planning Board may appoint a Town Planner, in accordance with the Personnel
Policies of the Town, based on the recommendation of the Town Manger.
Renumbered – former Section 3-9. Section 4-3: Board of Health
(a) Composition, Term of Office – There shall be a Board of Health
consisting of three (3) members elected for a term of three (3) years each, such terms
being so arranged in order that the terms of office of one (1) nearly an equal number
of members as possible shall expire each year.
(b) Powers and Duties – The Board of Health shall make reasonable health
regulations and shall enforce the laws relating to public health, the provisions of the
state code relating to public health, and all local health regulations. The board shall
have all of the other powers and duties, thatwhich have been given to Boards of
Health by the Massachusetts Ggeneral Llaws, by this Ccharter, by Town Bbylaw or
by other Town Meeting vote.
(c) Appointments – The appointment of the Health Agent, Health Inspector
or any other department employee shall be made by the Board of Health may appoint
a Director of Public Health, in accordance with the Personnel Policies of the Town,
based on the recommendation of the Town Manager.
Renumbered – former Section 3-8 Section 4-4: Board of Assessors
4-3
(a) Composition, Term of Office - There shall be a Board of Assessors
consisting of three (3) members elected for a term of three (3) years each, so arranged
that the term of office of one (1) member as nearly an equal number of members as
possible shall expire each year.
(b) Powers and Duties - The Board of Assessors shall have perform the
functions powers and duties that have been given to Boards of Assessors required by
the Massachusetts Ggeneral Llaws, by this Charter, by Town Bylaw or by Town
Meeting vote for Boards of Assessors except the duties which are performed by the
Principal Assessor as established by this Charter in Section 7-1 of this Charter5-4.
New section incorporating the
Board of Library Trustees into the
Charter.
Section 4-5: Board of Library Trustees
New section incorporating the
Board of Library Trustees into the
Charter.
(a) Composition, Term of Office - There shall be a Board of Library
Trustees consisting of five (5) members elected for a term of three (3) years each, so
arranged that the term of office of as nearly an equal number of members as possible
shall expire each year.
(b) Powers and Duties – The Board of Library Trustees shall have the
powers and duties thatwhich have been given to the Board sof Library Trustees by
the Massachusetts General Laws, by this Charter, by Town Bylaw or by Town
Meeting vote.
(c) Appointments – The Board of Library Trustees may appoint a Library
Director, in accordance with the Personnel Policies of the Town, based on the
recommendation of the Town Manager.
Renumbered – former Section 3-10. Section 4-6: Parks and Recreation Commission
(a) Composition, Term of Office – There shall be a Parks and Recreation
Commission consisting of five (5) members each elected for a term of three (3) years
each, such terms being so arranged in order that the term of office of as nearly an
equal number of members as possible shall expire each year.
4-4
(b) Powers and Duties – Except as otherwise provided in this Charter, Tthe
Parks and Recreation Commission shall have responsibility for the development
and acquisition of new parks and park land, the expansion or upgrade of
existing parks and park land, and the scheduling and operation of recreation
programs; and shall have the powers and duties thatwhich have been given to the
Parks and Recreation Commissions by the Massachusetts Ggeneral Llaws, by this
Charter, by Town Bbylaw or by other Town Meeting, vote.
(c) Appointments – The Parks and Recreation Commission may appoint a
Director of Parks and Recreation, in accordance with the Personnel Policies of the
Town, based on the recommendation of the Town Manager.(c) Appointments – The
appointment of the Parks and Recreation Director shall be made by the Parks and
Recreation Commission.
New section incorporating the
Board of Cemetery Commissioners
into the Charter.
Section 4-7: Board of Cemetery Commissioners
New section incorporating the
Board of Cemetery Commissioners
into the Charter.
(a) Composition, Term of Office - There shall be a Board of Cemetery
Commissioners consisting of three (3) members elected for a term of three (3) years
each, so arranged that the term of office of one (1) member shall expire each year.
(b) Powers and Duties - Except as otherwise provided in this Charter, Tthe
Board of Cemetery Commissioners shall determine eligibility for and the rates to
be charged for burial in the Town's cemeteries; shall supervise the investment
and expenditure of cemetery funds paid for the purchase of cemetery lots and
maintenance agreements; and shall have the powers and duties that have been
given to Ccemetery Ccommissioners by the Massachusetts General Laws, by Town
Bylaw or by Town Meeting vote. perform the functions and duties set forth in M.G.L.
c.114, §§22-26.
Renumbered – former Section 3-5. Section 4-8: Hopkinton Housing Authority
(a) Composition, Term of Office - There shall be a Hopkinton Housing
Authority, which shall consisting of five (5) members each serving for a term of five
(5) years each, such terms beingso arranged in order that the term of one (1) member
4-5
shall expire each year. The voters shall elect four (4) of these members and the fifth
member shall be appointed as provided in the general lawsM.G.L. c.121B, §5.
(b) Powers and Duties - The Hopkinton Housing Authority shall conduct
studies of the housing needs of the community and shall provide programs to make
available housing for families of low income and for elderly persons of low income.
The Hopkinton Housing Authority shall have such other powers and duties as are
assigned to Hhousing Aauthorities by the Massachusetts Ggeneral Llaws, by this
Charter, by Town Bylaw or by Town Meeting vote.
New section incorporating the
Commissioners of Trust Funds into
the Charter.
Section 4-9: Commissioners of Trust Funds
New section incorporating the
Commissioners of Trust Funds into
the Charter.
(a) Composition, Term of Office - There shall be Commissioners of Trust
Funds consisting of three (3) members elected for a term of three (3) years each, so
arranged that the terms of office of one (1) member shall expire each year.
(b) Powers and Duties – The Commissioners of Trust Funds shall manage
the disbursement of trust funds given or bequeathed for the benefit of the Town or
the inhabitants thereof, unless the donor in making the gift or bequest shall
otherwise provide; and shall distribute the income of each such trust in accordance
with its terms.
Renumbered – former Section 3-1(d)
and (e).
Section 4-10: General Provisions
4-6
(a) Coordination - Notwithstanding their election by the voters, the Town
officerholders, boards and committees named in this Ssection shall be subject to the
call of the Board of Selectmen or of the Town Manager, at all reasonable times, for
consultation, conference and discussion on any matter relating to their respective
offices.
(b) Filling of Vacancies – Except as otherwise provided in this Charter, if
there is a failure to elect, or if a vacancy occurs in the membership of an elected
board or committee, the remaining members of the board or committee shall give
notice to the Board of Selectmen and to the public of such vacancy in accordance with
the provisions of Section 6-4 of this Charter7-9; the Board of Selectmen, with the
remaining members of such board or committee shall, not less than one (1) week after
notice of the date on which the vote is to be taken, fill such vacancy until the next
town election by a joint vote. Appointment to fill a vacancy shall be made by Tthe
affirmative votes of athe majority of the persons entitled to vote on such a vacancy
shall be necessary for such election.
5-1
Former Article 5 (Administrative
organization) moved to Article 6
(Administrative Organization)
except as follows: former Section 5-
2 (Publication of Administrative
Order) omitted; former Section 5-3
(Merit Principal) combined into
Section 1-3 (Intent and Purpose);
former Section 5-4 omitted except
that the Principal Assessor and
Treasurer/Collector provisions were
moved to Section 3-2(b); Section 5-5
omitted).
ARTICLE 5: ELECTIONS
Renumbered – former Section 3-
1(b)
Section 5-1: Town Election - The annual election for the purpose of election voting by
ballot forof Town officerholderss and voting on any questions required by law to be placed
upon the official ballot shall be held on a date fixed by Town bBylaw.
Renumbered – former Section 3-1(f) Section 5-2: Recall Provision for Elected Officeholders
(a) Application - Any holder of any elective Town office, as defined in Section 3-1(a),
may be recalled pursuant to this Section provided that the recall election occurs prior to
six (6) months from the end of the officeholder’shis elective term.
(b) Recall Petition – A recall statement, containing the signatures of at least tTen (10)
percent of the voters of the Town may be filed with the Town Clerk; provided, however,
that at least two hundred (200) such voters shall be from each of the precincts of the
Town. Such statement shall contain an affidavit containing the name of the officeholder
who is sought to be recalled, and a statement of the grounds for the recall and the
identity of a designated representative of such voters. , provided, however, not less than
two hundred (200) such names shall be from each of the precincts of the Town. Once the
names that appear on the recall statement are certified by the Board of Registrars of
5-2
Voters, Tthe Town Clerk shall thereupon promptly deliver to said voters making the
affidavit the designated representative copies of petition blanks demanding such recall.
The petition blanks shall contain the following heading: Initiating a recall is a serious
process and should not be undertaken lightly. The blanks shall be issued by the Town
Clerk with the Town Clerk’s signature and official seal. They shall be dated, shall be
addressed to the Bboard of Sselectmen, shall contain the names of all petitionersthe
designated representative to whom they are issued, the name of the person officeholder
whose recall is sought, and the grounds for recall as stated in the affidavit recall
statement, and shall demand the election of a successor to said office. A copy of the
affidavit recall statement shall be entered in a record book to be kept in the office of the
Town Clerk. The recall petitions shall be returned and filed with the Town Cclerk within
forty- five (45) days following the date of the filing of the affidavit recall statement and
shall be signed by at least twenty (20) percent% of the registered voters of the Town as of
the date such affidavit recall statement was filed with the Town Clerk.
The Town Clerk shall, within one (1) business day of receipt, submit the recall petition to
the Board of Registrars of Voters in the Town, and the Registrarwho shall, within five (5)
business days, certify thereon the number of signatures that are names of registered
voters of the Town.
(c) Recall Election – If the Town Clerk determines that the certified petitions meet the
requirements of Section 5-2(b) of this Charter, the Town Clerk shall provide notice, in
writing, by certified mail to the officeholder whose recall is sought by sending to that
officeholder a copy of the recall statement and recall petition together with notice of the
number of qualified voters certified by the Board of Registrars who signed the recall
petitions and the total number of qualified voters in the Town as of the most recent Town
election. If the petitions arenumber of signatures certified by the Registrar of Voters to
beis sufficient, the Town Clerk shall submit the same with such certificate to the Board of
Selectmen. Upon receipt of the certificate, the Board of Selectmen shall forthwith give
written notice of such petition and certificate by certified mail to the officeholder whose
recall is sought. If said officeholder does not resign his the office within five (5) days after
delivery of such notice, the Town Clerk shall provide notice, in writing, to the Board of
5-3
Selectmen not later than two (2) business days following the expiration of the foregoing
five (5) days. The Board of Selectmen shall order an election to be held on a date fixed by
them not more than ninety (90) days after the date of such notice from the Town Clerk’s
certificate that a sufficient petition has been filed; provided, however, that if any other
town election is to occur within one hundred (100) days after the date of the certificate,
the Board of Selectmean shall postpone the holding of the recall election to the date of
such other election. If said officeholder resigns after a recall election has been ordered,
the election shall nevertheless proceed as provided in this Ssection.
(d) Nomination of Candidates – An officeholder whose recall is sought may be a
candidate to succeed to the office in the event the vote on the recall is in the affirmative.
The nomination of other candidates, the publication of the warrant for the recall election,
and conduct of the recall election shall be in accordance with the provisions of the
Massachusetts General Lawslaw relating to elections, unless otherwise provided in this
Ssection.
(e) Officeh Holder – The incumbent shall continue to perform the duties of the office
during the recall procedure. If the incumbent is not removed, the incumbent shall
continue in the office for the remainder of the unexpired term subject to recall as before.
If recalled at the recall election, the incumbent shall be deemed removed upon the
qualification of the successor, who shall hold office during the unexpired term. If the
successor fails to qualify within five (5) days after receiving notification of election, the
incumbent shall thereupon be deemed removed and the office vacant.
(f) Ballot Proposition – Ballots used in a recall election shall contain the following
propositions in the order indicated:
Shall the Town of Hopkinton recall (name of officeholder) Yes No
Below the propositions shall appear the word “Candidates,” the directions to the voters
required by M.G.L.A cC.54, § 42, and, below the directions, the names of candidates
5-4
nominated in accordance with the provisions of the Massachusetts General Llaws
relating to elections. If a majority of the votes cast on the question of recall is in the
affirmative, the candidate receiving the highest number of votes shall be declared elected.
If a majority of the votes on the recall question is in the negative, the ballots for the
candidates need shall not be counted.
(g) Officeh Holder Recalled – No person who has been recalled from an office or who
has resigned from an office while recall proceedings were pending against him, shall be
appointed to any Town office within two (2) years after the date of such recall vote or such
resignation.
6-1
ARTICLE 6: ADMINISTRATIVE ORGANIZATION
Former Section 6-1 (Fiscal
Year) moved to Section 7-3.
Renumbered – former
Section 5-1
Section 6-1: Organization of Town AgenciesDepartments
The organization of the Town into operating Town Departmentsagencies for the provision of
services and administration of the government shallmay be accomplished through the
establishment of a Table of Organization that presents the organization of all Town
Departments. The Town Manager shall cause thein accordance with a Table of
Organization to be published annually in the Town Report. The Table of Organization may
be amended by either of the methods provided in this Article.
(a) Bylaws -– Subject only to the express prohibitionsExcept as otherwise provided
byin the Massachusetts Ggeneral Llaws or by the provisions of this Charter, the Town
Meeting may, by Town bBylaw, reorganize, consolidate, create, merge, divide or abolish any
Town AgencyDepartment, board or committee, or office, in whole or in part; establish new
Town Agencies Departments, boards or committees, or offices as it deems necessary or
advisable, and determine the manner of selection, the terms of office and prescribe the
functions of all such entitiesTown Departments, boards or committees, or offices; provided
however, that no function assigned to a particular Town Agency Department, board or
committee, or office by this Charter may be discontinued or assigned to any other Town
AgencyDepartment, board or committee, or office, unless this Charter specifically so
provides.
(b) Administrative Order - The Town Manager may, from time to time, prepare as
an administrative order, a plan of organization or reorganization of Town Ddepartments,
agencies boards or committees, or officers over which the Town Managerhe has control, asor
the Town Managerhe deems necessary or advisable for the orderly, efficient and convenient
conduct of Town business. The administrative order may:
1. Consolidate, create, merge, divide or abolish, in whole or part, any Town
AgencyDepartment, commission,board or committee, or office over which the
Town Manager has control, for departments, committees, agencies or
6-2
commissions, except the School Department, Police Department or, Fire
Department or Department of Public Works, in whole or part.
2. Establish new Town AgenciesDepartments, commissions,boards or committees,
or offices for departments, committees or commissions.
3. Prescribe the functions and administrative procedures to be followed by all such
Ddepartments, agencies, commissionboardss or committees, or offices, and so far
as is consistent with the use for which the funds were voted appropriated by the
Town, transfer the appropriations of one Town Agency Department, board or
committee, or office to another insofar as such transfer is not inconsistent with
the use for which the funds were appropriated;, provided, however, that no
function assigned by this Charter to a particular Town Agency Department,
board or committee, or office may be discontinued or assigned to another Town
Agency Department, board or committee, or officeunless this Charter specifically
so provides.
The Town Manager shall submit such administrative orders to the Board of
Selectmen. The Board of Selectmen shall conduct at least one (1) public hearing
on said each such administrative orders within thirty (30) days of receipt, giving
notice by publication in a local news mediumpaper, which notice shall describe
the scope of the proposal and the time and place at which the public hearing will
be held. Following the public hearing, the proposal, which may have been
amended subsequent tofollowing the public hearing, shall be subject to final
review by the Board of Selectmen.
An organization or reorganization planadministrative order submitted by the
Town Manager shall become effective at the expiration of sixty (60) days
following the date of its first submission to the Board of Selectmen unless the
Board of Selectmen by an affirmative vote of at least three (3) members has
sooner voted to approved, amended or disapprovedreject it.
6-3
Former Section 6-2
(Submission of Budget)
moved to Section 7-4.
Renumbered – former
Section 7-7. Revised for
consistency and clarity.
Section 6-2 Removals
(a) Any Except for the Town Manager, any appointed officer, member of a board or
committee or employee of the Town not covered by the terms of a collective bargaining
agreement which provides a different method, and whether appointed for a fixed or an
indefinite term, may be removed from office by the appointing authority. (b) The
appointing authority, when removing any such officer, member of a board or committee or
employee of the Town, shall act in accordance with the following procedure:
1. A written notice of intent to remove and a statement of the reason or reasons
therefortherefore shall be delivered by certifiedregistered mail to the last known address of
the person sought to be removed.
2. Within five (5) business days of the date of the delivery of such notice, the
memberofficer, member of a board or committee or employee of the Town may request a
public hearing, at which such memberperson may be represented by counsel, and shall be
entitled to present evidence, call witnesses and to question any witnesses appearing at the
hearing.
3. Not later than ten (10) days after the public hearing is adjourned, or if the
officer, member of a board or committee or employee of the Town fails to request a public
hearing in a timely fashion, not laterless than six (6) nor more than fifteen (15) days after
delivery of the notice of intent to remove, the appointing authority shall take final action,
either removing the member or allowing the member to continue in office.officer, member of
a board or committee or employee of the Town or notifying such person that the notice is
rescinded. Failure of the appointing authority to take any action within the time period set
6-4
forthperiods as stated in this Ssection shall be deemed to be a decision allowing the member
to continue in officerecision of the original notice and the officer, member of a board or
committee or employee shall, forthwith be reinstated.
(b) A failure to reappoint a member of a board or committee at the end of the
member’s prescribed term of office shall not be considered a removal from office subject to
the provisions of Section 6-2(a) of this Charter.
(c) Nothing in this Section shall be construed as granting a right to such a hearing when
a person who has been appointed for a fixed term is not reappointed when the original term
expires.
Former Section 6-3 (Capital
Improvements) moved to
Section 7-5.
Renumbered – former
Section 7-8. Revised for
consistency and Clarity.
Section 6-3 Loss of Office, Excessive Absence
During the term of office Iof any person appointed to serve as a member of a board or
committee, if such member shall fail to attend four (4) or more consecutive meetings thereof,
or half of all the meetings thereof in any fiscal of such body held in one (1) calendar year, a
majority of the remaining members of the board or committee may, by an affirmative vote of
the majority of the remaining members of such body, declare the office vacant. , provided,
however, that nNot less than ten (10) days prior to the date said vote is scheduled to be
taken, notice of such vote shall be provided to the member whose removal is sought the
body has given in hand, or mailed by registered or certified mail, return receipt requested,
notice of such proposed or pending vote to the last known address of such person.
Former Section 6-4 (Approval
of Warrants) revised and
moved to Section 3-2(b)(15).
Renumbered – former
Section 7-9.
Section 6-4 Notice of Vacancies
Whenever a vacancy occurs in any appointed Town office or, position ofor employment, or
whenever, by reason of a pending retirement or expiration of a fixed term, a vacancy can be
6-5
anticipated, the appointing authority shall cause public notice of such vacancy to be
givenposted on the town bulletin board for not less than ten (10) days. Such notice shall
contain a description of the duties of the office or, position ofor employment and a listing of
the necessary or desirable qualifications thereof.to fill the office, position or employment. No
permanent appointment to fill such office or, position or employment shall be effective until
fourteen seventeen (174) days following the date such public notice was given.posted to
permit reasonable consideration of all applicants. This Ssection shall not apply to positions
that arewhere it is in conflict with the provisions of any applicable collective bargaining
agreement.
New. Section 6-5 Term of Office
Notwithstanding any provision of this Charter to the contrary, appointed members of
boards or committees and appointed employees shall be entitled to continue to serve in their
respective offices or positions of employment until a successor is duly qualified.
7-1
ARTICLE 7: FINANCE AND FISCAL PROCEDURES
Former Section 7-1
(Charter Changes) omitted.
Renumbered – former
Section 6-1.
Section 7-1: Fiscal Year
The fiscal year of the Town shall begin on the first day of July and shall end on the last day of
June, unless the Massachusetts Ggeneral Llaws require another period.
Former Section 7-2
(Severability) moved to
Section 8-4.
Renumbered – former
Section 6-2.
Section 7-2: Submission of Budget
(a) Annually, not later thanPrior to the first day of October in each year, the Town
Manager, with the agreement of the Board of Selectmen, Appropriation Committee and School
Committee, shall establish and issue a budget schedule, which shall set forth the calendar
dates relating to the development of the Town’s annual operating budget for the ensuing fiscal
year. The budget schedule shall set dates for:
1. The issuance of a budget policy statement to be issued by the Board of Selectmen;
2. The deadline for submission of budget requests to the Town Manager;
3. The deadline for the submission of the Capital Improvements Program to the
Board of Selectmen and the Appropriation Committee;
4. The deadline for the submission of financial articles to the Appropriations
Committee;
5. The deadline for the submission of a comprehensive draft budget from the Town
Manager to the Board of Selectmen;
6. The adoption of a budget by the Board of Selectmen and submission of such budget
to the Appropriation Committee; and,
7. A public hearing on the budget to be held by the Appropriation Committee.
7-2
(b) The schedule shall be in accordance with this Charter unless deviation there from is
recommended by the Town Manager and approved by the Board of Selectmen and the
Appropriation Committee.
(c) Prior to the first day of November in each year, the Board of Selectmen, after
consultation with the Town Manager, shall issue a policy statement that shall establish the
general guidelines for the budget for the Town for the ensuing year.
(d) On or before January 1 of each year, all department heads and all multiple member
bodies shall submit detailed budget requests to the Town Manager, with the exception of the
School Department, which shall submit its budget request on or before February 1.
(e) On or before March 1, the Town Manager shall submit to the Board of Selectmen a
comprehensive draft budget and a draft budget message for all town functions for the ensuing
fiscal year.
(f) The draft budget message shall explain the draft budget in fiscal terms and in terms
of the specific projects that are contemplated in the ensuing fiscal year. It shall:
1. Outline the proposed financial policies of the town for the ensuing fiscal
year.
2. Describe the important features of the budget.
3. Indicate any major changes from the current fiscal year in financial policy,
expenditures and revenues, together with the reasons for such changes.
4. Summarize the Town’s debt position.
5. Include such other information as the Town Manager may deem
appropriate.
(g) On or before March 15, the Board of Selectmen shall both adopt or amend and adopt
the draft budget submitted to it by the Town Manager as its proposed budget and submit the
proposed budget to the Appropriation Committee.
(bh) The Town Manager shall submit all financial articles to the Appropriation
Committee in accordance with the budget schedule. At least fourteen (14) The Appropriation
Committee shall conduct one (1) or more public hearings on the proposed budget, including
7-3
the school budget, and, at least ten (10) days prior to the date of the Annual Town Meeting,
the Appropriation Committee shall issue printed recommendations and detailed explanations
of all financial articles in an annual Appropriation Committee report. In preparing its
recommendations, the Appropriation Committee may require the Town Manager and,
representatives from any Town Ddepartment, office, board, commission, or committee to
appear before it and furnish it with such additional financial reports and budgetary
information as it may deem necessary or appropriate.
(ci) The Appropriation CommitteeBoard of Selectmen shall present the proposed
budget to the Town Meeting.
Former Section 7-3
(Specific Provisions to
Prevail) omitted.
Renumbered – former
Section 6-3.
Section 7-3: Capital Improvements
On or before January 15, tThe Town Manager shall annuallymust submit a Capital
Improvements Pprogram to the Board of Selectmen and Appropriation Committee in
7-4
accordance with the budget schedule established pursuant to Section 7-2(a) of this Charter.
The Capital Improvements Program shall be designed to address unmet, long-range needs
and to implement the capital goals and objectives of the Town, and shall include all Town
activities, all and Town Departments, including the School Department, and theall enterprise
funds. It shall be based on material prepared by the Capital Improvements Ccommittee and
includecontain:
(a) A clear and concise general summary of the Capital Improvement program
(b) A list of all capital improvements proposed to be undertaken during the following
ten (10) years, with supporting information as to the need for each capital improvement.
(c) Cost estimates, potential methods of financing and recommended time schedules for
each improvement; and,
(d) The estimated annual cost of operating and maintaining each facility and pieceitem
of major equipment involved.
The Capital Improvement Pprogram information will shall be reviewed annually by the Town
Manager to determine the status of capital improvements still pending or in the process of
being acquired, improved or constructed.
Former Section 7-4
(Number and Gender)
omitted.
Renumbered – former
Section 6-5.
Section 7-4: Audits
The Board of Selectmen shall provide for an independent audit of all financial books and
records of the Town no less than once a year, or whenever it deems an audit of the whole
Ttown, or of any particular Town AgencyDepartment, office, or board or committee, to be
necessary.
Audits of the financial books and records shall be conducted by a certified public accountant,
or firm of such accountants, having no interest, direct or indirect, in the affairs of the Town.
7-5
The Appropriation Committee and its agents shall have access at all times to the books and
financial records of the Town Ddepartments, offices, boards and committeesm and offices for
its review.
Results of the audit, financial statements and management letter, shall be made available to
the public in the Selectmen’s office.
Former Section 7-5 (Rules
and Regulations) moved to
Section 8-3.
Former Section 7-6
(Periodic Charter Review)
moved to Section 8-2.
Former Section 7-7
(Removals) moved to
Section 6-2.
Former Section 7-8 (Loss of
Office, Excessive Absence)
moved to Section 6-3.
Former Section 7-9 (Notice
of Vacancies) moved to
Section 6-4.
8-1
ARTICLE 8: GENERAL PROVISIONS
Former Section 8-1
(Continuation of Existing Laws)
omitted.
Renumbered – Former Section
1-5.
Section 8-1 Interpretation of Powers
The powers reserved or granted to the Town of Hopkinton under this Charter are to be
construed liberally and interpreted broadly in its favor, and the specific mention of any
particular power is not intended to limit in any way the general powers of the Town of
Hopkinton as stated set forth in Section 1-3.
Former Section 8-2
(Continuation of Government)
omitted.
Renumbered – former Section 7-
6.
Section 8-2 Periodic Charter Review
At least once in every ten (10) years, in each year ending in a six (6), the Town Clerk shall
establish a special committee for the purpose ofshall reviewing this Charter and to make a
report, with recommendations, to the Town Meeting concerning any proposed amendments
to this Charter which that said committee may determine to be necessary or desirable.
The committee shall be established not later than the year preceding each reviewsuch
report. The committee shall consist of seven (7) members who shall be appointed as
follows: The Board of Selectmen, School Committee and Town ClerkAppropriation
Committee shall each designate appoint one person; the remaining four (4) members shall
be appointed by a committee consisting of one (1) representative fromdesignee each of the
following: the Board of Selectmen, the School Committee, the Appropriation Committee,
the Town Moderator and the Town Clerk shall designate appoint two (2) persons; and two
(2) persons shall be appointed by the Moderator.
Former Section 8-3
(Continuation of Administrative
Personnel) omitted.
Formatted Table
8-2
Renumbered – former section 7-
5.
Section 8-3 Rules and Regulations
A copy of all rules and regulations adopted by any Town Agency Department, or board or
committee, or office shall be filed in the office of the Town Clerk and any such rule or
regulation shall not become effective until five (5) days after the date of such filing. Copies
of all such rules and regulations shall be made available for review by any person who
requests such information pursuant to the Public Records Law.
Former Section 8-4 (Transfer of
Records and Property) omitted.
Renumbered – former Section 7-
2.
Section 8-4 Severability
If any provision of this Charter shall be found invalid for any reason in a court of
competent jurisdiction, such invalidity shall be construed as narrowly as possible, and the
balance of this Charter shall be deemed to be amended to the minimum extent necessary,
so as to secure the intent and purposes thereof, as set forth in Section 1-3.
The provisions of this Charter are severable. If any provision of this charter is held
invalid, the other provisions of this charter shall remain in full force and effect and shall
not be affected thereby. If the application of this Charter or any of its provisions to any
person or circumstances is held invalid, the application of this Charter and its provisions to
other persons and circumstances shall not be affected thereby.
Formatted: Font: Not Bold
8-3
Section 8-5 Effective Date
The provisions of this Charter shall become fully effective on the first (1st) day of July next
following their approval by the voters. Prior to such date, the provisions of the Charter
adopted on May 15, 2006 shall be in full force and effect.
New. Section 8-5 Effective Date
This Charter shall become effective on July 1 next following its adoption by the voters of
the Town.
Formatted: Font: Not Bold
Formatted: Font: Not Bold
Formatted: Superscript
Formatted: Font: Not Bold
Formatted: Font: Not Bold
Formatted Table
1
HOPKINTON PLANNING BOARD
Monday, October 24, 2016 7:30 P.M.
Town Hall, 18 Main St., Hopkinton, MA
MINUTES
MEMBERS PRESENT: Kenneth Weismantel, Chairman, David Paul, Vincent Cerulle, Frank
D’Urso, Cliff Kistner, Fran DeYoung, Matthew Wade, Brian Karp
MEMBERS ABSENT: John Ferrari
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 stated the public hearing on the Master Plan has been scheduled for
November 21, 2016. Ms. Burke noted they already received some comments from other Town
departments, including the Senior Center. She noted hard copies of the draft are available at the
Library.
1. Public Hearing – 45 South St. – Site Plan Review Application – Front St. Management
LLC/Weston Acquisition Group, LLC
Peter Bemis, Design Consultant Engineering, engineer, appeared before the Board. It was noted
this is a proposal for a new 10,200 s.f. commercial building behind an existing building at 45
South St. Mr. Weismantel referred to the public hearing outline prepared for this application.
Drew Carnase, CrossFit Resilience, the future tenant, was also in attendance. Mr. Bemis
explained existing conditions and outlined the proposal for the new building.
Mr. D’Urso arrived at this time.
Mr. Bemis explained the existing site conditions. He noted the property recently changed hands,
and the new owner also owns the adjacent property to the south. He noted this is an
approximately 7-acre parcel currently supported by a septic system which will be abandoned,
and the property will hook up to municipal sewer. He noted the existing building has primary
parking in front with loading in the rear, and under zoning there is enough open land remaining
in the back to support the new facility. He presented the site plan and described the layout for
the new building, noting the front will mirror that of the existing building. He noted there will be
stairs to access an upper level. He referred to the photometric plan, which indicates the location
of the fixtures and lighting levels. He noted they are proposing landscaping without a lot of
lawn, focusing on drought-resistant plants. He noted the proposal will not involve changes to
frontage and area, and complies with all zoning requirements as shown in the zoning table on the
plan. He noted they are proposing 75 parking spaces including 3 handicapped accessible, and
referred to the grading and drainage plan. He noted BETA Group, the Board’s consultant, has
reviewed the proposal and commented on the plan. Mr. Bemis explained the proposed drainage
system, essentially taking the water and treating it prior to discharge. He stated the application
includes stormwater management calculations as well as a SWPPP required because they will be
altering more than 1 acre of land. He noted the development follows Massachusetts DEP and
federal guidelines for new building sites. He noted the old septic system will be taken out, and
2
the facility will tie in to municipal sewer. He noted they have not yet applied to the DPW
pending Planning Board approval, which will address some of the comments received from the
Board of Health.
Mr. Bemis referred to the architectural and floor plans, and stated the building will have a
kitchen which will involve Board of Health review and approval. He noted the new building will
be designed to accommodate up to 3 tenants, but at this point Crossfit will be the only tenant.
Mr. Kistner stated it appears there is not a lot of grade difference in the back, and asked for
clarification regarding the removal of the septic system. Mr. Bemis stated the area would be
excavated and backfilled. Mr. Paul asked if the existing building will be switched to sewer as
well, and Mr. Bemis noted the property will be 100% converted upon approval. Mr. Weismantel
noted it will be ok to start the process with the DPW, and Mr. Bemis stated they will have to, and
he believes the betterment for this property was paid. In response to a question of Mr. Kistner, it
was noted there may be additional fees because of the additional building, and the applicant
noted they will be prepared for that possibility.
Ms. Burke noted the Land Use department met last week with several Town Departments to
discuss the proposal, although the DPW was not able to make it. She noted they reviewed the
plan as a group and came up with a number of issues raised for the applicant’s benefit. She
stated the Fire Dept. asked for an E110 flow path analysis, would like to see a hydrant at the rear
of the property, and requested an independent study for fire protection at the building permit
application stage. Ms. Burke noted they will need to comply with the ADA requirements for
handicapped parking signage. She noted lighting levels seem high and are spilling over onto
adjacent property, and the applicant should make sure levels are adequate for safety only, and the
Design Review Board already looked at this as well. She noted the plan does not show details on
mechanical equipment screening and dumpsters, and Mr. Bemis stated he already knew about the
dumpsters and will make sure the mechanical equipment will be screened. Ms. Burke noted the
DPW has not yet commented on the proposal, but everyone seems ok with it in general.
Mr. DeYoung asked about the hours of operation, and Mr. Carnase noted Crossfit will be open
from 5:00 A.M. to 7:30 P.M., staff will arrive around 4:40 A.M. and everyone will be gone by
8:00 P.M. Mr. Bemis noted he will look at the lighting, stating the information submitted with
the application was an “engineering approach” and they may be able to use different fixtures.
Mr. Weismantel noted the Board encourages the applicant to communicate with BETA in
between meetings. Phil Paradis, BETA Group, Inc., noted this is his first time back before the
Board since BETA’s contract was re-signed. He thanked the Board for its confidence in the
company and noted he is always open to input and better ways of doing things. He noted the
project is generally in good shape, and BETA has already pointed out a number of issues, such as
safe access, water/sewer supply, handicapped parking spaces, solid waste disposal, lighting,
signage, and some administrative items. He noted BETA determined the existing guardrail is in
bad shape, and there are some landscaping issues. He noted they can work on stormwater issues
offline. Mr. D’Urso asked for clarification about BETA’s comment regarding handicapped
parking spaces, and Mr. Bemis stated this concerns the existing building where handicapped
spaces were moved to address parking issues but it was done incorrectly. He noted this will be
fixed, and the proposal for the new building complies. Mr. Paul asked about other improvements
for the existing building, and Mr. Bemis stated they have to look into the dumpster situation.
3
Mr. Karp moved to continue the public hearing to 8:30 P.M. tonight after the conclusion of the
discussion regarding Auciello Dr., Mr. Paul seconded the motion, and the Board voted
unanimously in favor.
2. Auciello Drive – Discussion
Elaine Lazarus, Director of Land Use and Town Operations joined the meeting. Also in
attendance were Robert Little, 6 Auciello Dr., and Jack and Judith Mills of 5 Auciello Dr. Mr.
Weismantel noted he understands the Board has discussed this development before, and it is
clear the street is in need of repairs. He noted it is a private way, and it was determined that the
DPW as of last year was still plowing. Ms. Lazarus noted the subdivision was approved and
built in the early 1990’s and she wrote the decision when she first started at the Town. She noted
she believes the Planning Board at the time wanted this to be a through road, but the developer,
Michael Auciello, only wanted a couple of lots on a cul-de-sac, and the Board determined it
would approve the proposal but only if the road remained private. She noted at the time this was
considered a “family” subdivision, and the developer and two of his children still live there so
there is an Auciello family presence after all these years. She noted the Town up to a couple of
years routinely plowed private roads, but they don’t want to do that anymore. She noted the
Board has talked with Mr. Auciello about the possibility of making this a public way, and it
would have been included in the program to start accepting older subdivision streets even in this
condition if not for the requirement that the road remain private. Ms. Lazarus noted there is
money in the Land Use Dept. budget for a survey plan and there is an as-built plan from 1998.
She noted the road was constructed to subdivision standards but has deteriorated over time.
In response to a question of Mr. Paul, Ms. Lazarus stated Auciello Dr. is a cul-de-sac with a
circle at the end. Mr. Kistner stated the cost of maintaining private roads is supposed to be the
responsibility of the residents, and in this case the Town is spending taxpayers’ money to plow
the road. Mr. Weismantel stated the majority of Hopkinton residents have trash pickup and live
on streets that are maintained by the Town, and the Board inevitably gets into the discussion of
private vs. public roads 10 years after it has allowed a developer to build a “family” subdivision,
because by then half of the family members are gone and things start to deteriorate. He noted it
is a philosophical question whether the Board wants to reverse the decision from years ago and
the Board will try to determine this tonight. Mr. D’Urso pointed out that Mr. Auciello talked
about this with the Board recently, and Mr. Weismantel noted Mr. Auciello brought up the same
issues but also wanted to develop the vacant lot with the detention pond, and the Board told him
to a get a report from an engineer but did not hear back. Mr. Weismantel stated the Planning
Board did not accept a lot of streets in years past, and to him it is a fairness issue. Mr. Paul noted
it is a reasonable goal and the DPW should budget for that accordingly however he feels the
Town should have fewer dead-end streets. Mr. Weismantel noted the Board now requires special
circumstances such as a gift of land before it even considers a dead-end street, and would
probably have denied this plan because there was a potential to connect. Mr. Paul asked about
connecting to Hillcrest Rd., and Mr. Weismantel stated that option is no longer available and the
Board would not be interested. Mr. Kistner stated he feels the Board should at least look into it
before making a decision. Mr. Paul noted he does not want to make it difficult for the
homeowners, but he would rather see a neighborhood connection and traffic impact would be
minimal. Ms. Lazarus noted the road as designed years ago goes through someone’s backyard,
and Ms. Burke noted the Town may not even have any jurisdiction. Ms. Lazarus noted the
4
Board can recommend acceptance of the entire road, however road construction will require a
stormwater study which would probably have to be done at taxpayers’ cost because the original
developer most likely is not going to do it.
Mr. D’Urso stated he would like to hear what the residents have to say, and then they can discuss
individual scenarios. Mr. Little stated this may not be a simple matter, but his main priority is
safety and he is concerned about the current condition of the street, although of course curb
appeal is important too. Mr. Paul asked about sidewalks, and Mr. Little noted there is a sidewalk
but it looks worn. Mr. Kistner stated sometime looks go deeper than that, noting that if they are
going to restructure for safety purposes perhaps they can find a complete solution and save
money by doing it all at once. Ms. Mills stated she understands the Board’s point of view about
connecting neighborhoods, but this may not be practical from a taxpayer’s perspective. Mr. Paul
stated he feels connecting neighborhoods is beneficial and there is a lot of interest in connectivity
considering the interest in connecting sidewalks. Mr. Weismantel stated he feels it would be
tough to make a case for funding the construction of a through road to Hillcrest Dr. at town
meeting, and connectivity could also be achieved by a walking path. Mr. Karp noted the Board
at a previous meeting voted to release the $4,000 performance bond held for this development,
and perhaps they should have held off on that. Mr. Kistner agreed. Mr. Cerulle asked if the
homeowners knew it was a private street, and Mr. Little stated he was not told. Mr. Mills stated
they were the first non-family homeowners to move into the development, and all they knew is
that the road was supposed to be privately maintained.
Mr. Kistner noted the Board wants to work with the homeowners towards a resolution. Mr.
Weismantel stated the residents will have to talk to Mr. Auciello and figure out a way to repair
the road so it can be plowed, and they may have to contribute financially. Mr. Paul asked about
DPW money, and Mr. Weismantel noted legally they cannot spend money on private roads. Mr.
Weismantel stated Auciello Dr. could be considered for acceptance, just up to the bulb, as long
as it is in a reasonable condition, or all the way. Ms. Lazarus stated they only designed the road
for construction up to a point, and Ms. Burke stated that at this point the abutters probably
assume the land there is theirs. Mr. Weismantel stated the second issue is whether the Planning
Board philosophically would be willing to recommend reversing the condition from 1992. He
noted the Board won’t need to vote right now, and may need to have a public hearing first. Mr.
D’Urso noted the performance guarantee was released, and, taking the 1992 decision and current
needs into consideration, he would be open to acceptance if they build the entire road and
connect neighborhoods. Mr. Paul stated he agrees, and feels that up to now homeowners on a
private street received services free of charge but at this point should be responsible for
completing the road as initially planned, all the way through. Ms. Mills noted it is Mr. Auciello
who has benefited, and Mr. Kistner stated the deeds clearly indicate the road is privately held.
Mr. Karp noted he is not comfortable with reversing the 1992 decision, but could be persuaded if
they could find some type of connection. Mr. Wade stated he would support street acceptance,
assuming repairs are made first, without requiring a through road. Mr. DeYoung noted he is not
in favor unless there are some exceptional circumstances. Mr. Kistner stated he feels this needs
more exploration, and the Planning Board would be dropping the ball if it overturned the 1992
decision without due diligence. Mr. Cerulle stated he feels for the owners who did not get the
complete picture when they purchased their homes, and he would be open to acceptance without
5
connecting neighborhoods which would not necessarily be safer and could also be achieved by a
walking path.
Mr. D’Urso stated it would be helpful for the neighbors to see the minutes from recent
discussions with Mr. Auciello. Mr. Weismantel stated it is the Board’s consensus that they
expect the road to be up to standards so that it can safely plowed. Ms. Lazarus noted Mr.
Auciello and the DPW spoke today but it appears the situation has not yet been resolved but it is
not too late yet. Mr. Weismantel stated if the road was in pristine condition, the Board would
recommend acceptance, but 1) the road needs repairs, and 2) the 1992 Planning Board decision
stipulates that the road remain private. Mr. Little asked about the economic value of the
connection. Board members noted it is not just about money, and mostly about connectivity.
Mr. Weismantel stated the Board philosophically does not like dead ends and nowadays requires
exceptional circumstances with a gift of land or something like that. Mr. D’Urso noted the
Board at a previous meeting with Mr. Auciello voted to release the bond, and Mr. Weismantel
noted the Board followed procedure determining the developer had completed all outstanding
items, and the Board does not withhold money for future maintenance of a private road. Mr.
Kistner asked about the residents’ legal rights, and Mr. Weismantel stated their rights are limited.
Mr. D’Urso asked about the possibility of accepting Laurel Ave., and Ms. Lazarus stated the
Planning Board is only looking at old subdivision roads in that respect. Mr. Weismantel
encouraged the neighbors to discuss the issue and talk to the DPW about how to get through the
winter. Mr. Mills stated they will talk to Mr. Auciello, and Mr. D’Urso asked the residents to get
back to the Board with a progress report.
3. Legacy Farms - Status Report - School Age Children
Mr. Weismantel noted Ms. Lazarus prepared a status spreadsheet regarding the number of school
children at Legacy Farms as of October 1, 2016. He noted the data show some interesting
information about the ratio of children between 2-, 3- and 4-bedroom dwellings which will make
it easier to forecast the numbers for the future. He asked what the development budget is for
school children, and Ms. Burke noted 270, with the apartments averaging between 19 and 22.
Ms. Burke noted this is the first time they have enough data, and if they take out the ratios, they
would be talking about 366 children. Mr. Weismantel stated he assumes the maximum number
of children in the occupied units will continue in the same manner. Ms. Lazarus noted children
typically will age out of the system, and the parents will stay. Mr. Weismantel stated there are a
lot of assumptions, but theoretically they could have another 70 children on top of the original
forecast. He noted they did not see that trend before, and the apartments have double the amount
forecasted, 44 - down from 52 at this time last year, and Ms. Lazarus noted it will fluctuate just
as predicted by the Town’s consultant and this is not a scientific forecast. Ms. Lazarus asked
about the completion of the north side, and Ms. Burke noted that would be 6 or 7 years out based
on 425 units. Mr. Weismantel noted the first unit will be there sooner than a year from now. It
was noted it does not appear Mr. MacDowell will be having to pay a penalty, based on current
data. Mr. Cerulle asked about the next census, and it was noted it won’t be until 2020. Mr.
Weismantel suggesting looking at ages, and Ms. Lazarus noted that information is confidential.
4. Continued Public Hearing – 45 South St. – Site Plan Review – Front Point Management
LLC/Weston Acquisition Group LLC
6
The Board continued the discussion following the public hearing outline. It was noted that
building design still needs to be reviewed, including screening of HVAC rooftop units, parking
lot design including compliance with the 10% interior landscape requirement, Fire Dept. safety
criteria, handicapped parking, lighting including the requirement of zero levels at the boundary
lines, signage, and dumpster requirements. Mr. Weismantel asked for suggestions to add to the
outline. Mr. D’Urso suggested adding solar panels. In response to a question of Mr. Karp, Ms.
Burke noted the existing building is sprinklered, and the new building will be too, as required.
Mr. Kistner referred to his earlier question regarding drainage patterns, and Mr. Bemis stated the
plan will comply with the regulations that there can be no increase in flow compared to existing
conditions. Mr. Paradis agreed. Mr. DeYoung stated lighting and hours of operations will have
to be addressed. Mr. Weismantel noted the application did not include a traffic study, or at least
some data pertaining to this particular tenant, unless he missed it. Mr. Bemis stated they are just
moving an existing use up the street and it would be considered a wash, although it will be an
improvement because it is further away from the intersection. Mr. Weismantel stated he would
like to understand the magnitude of peak hour traffic, so that they have that information for
future reference in case a hotel goes in down the street, and a summary would be sufficient. Mr.
D’Urso stated he understands the gym is moving, however there eventually will be a new tenant
in the old place, and Mr. Bemis agreed with that assumption. Mr. Kistner noted the new facility
may very well attract new customers because it is new, and Mr. Bemis stated that was the main
reason for the move. Mr. Weismantel asked about rooftop equipment with respect to the existing
and proposed building, and Mr. Bemis noted the new building won’t be very visible even from
Rt. 495. In response to a question, Mr. Bemis noted they are not planning on rooftop billboards,
and they will comply with the Sign bylaw.
Mr. Weismantel encouraged the applicant to make sure BETA is satisfied with the stormwater
design, and Mr. Paradis noted the review is just about done. The Board discussed parking lot
design and snow storage. Mr. Bemis stated he does not see a reason to widen the isles, and if
there is too much snow they will take it off site to a snow dump. Mr. Weismantel asked about
compliance with the 10% internal landscaping requirement, and it was noted this still has to be
determined but focusing only on the area for the new building. It was determined that
confirmation of compliance in terms of zoning setbacks is still an action item for the next
meeting. It was noted that the issue of utilities is basically 90% covered. Mr. D’Urso asked
about solar panels, and Mr. Bemis noted he will bring it up to the owner, stating he agrees it
would be better to do this upfront although it is not mandatory. The Board discussed
underground utilities, and it was determined the applicant proposes to extend overhead utilities
which is not allowed. Mr. Bemis noted he believes the utility company will dictate this aspect,
and Mr. Weismantel stated not necessarily and Ms. Burke noted under the bylaw all utilities have
to be underground. Mr. Bemis noted they may have to ask for a waiver. Mr. Weismantel noted
the construction management sequence is ok although there is no detailed plan. Ms. Burke
referred to concerns brought up by the Police and Fire departments, and asked how the
construction in the back will impact the operation of the existing building. Mr. Bemis noted
Solect Energy is the current tenant and uses the building as a transmission zone. It was noted the
existing dumpsters need to be screened, and there is flexibility as to how. Mr. Bemis noted they
will move them, and Mr. Weismantel stated a gate or a fence will be ok. It was noted Ms. Burke
will draft conditions of approval for the next meeting. Mr. Karp moved to continue the public
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hearing to November 7, 2016 at 7:30 P.M., Mr. DeYoung seconded the motion, and the Board
voted unanimously in favor.
5. Legacy Farms - Tranfer of Municipal and Athletic Parcels
Mr. Weismantel referred to the letter including attachments received from Town Counsel,
emailed to the Board after the packets were mailed. He noted this concerns the conveyance of
the athletic (recreational facility) parcel on East Main St. and the municipal parcel on Wilson St.
as required under the Host Community Agreement. He noted the parcels are subject to restricted
land covenants and legally the Town cannot hold this land in fee once it is conveyed. He noted
there are 3 options to address this issue, and according to Town Counsel Option 3 would be the
only one, namely a public trust to be created by Legacy Farms. He noted it will require a
Planning Board motion to 1) find that the change is minor in nature, not requiring a public
hearing, and 2) amend the Master Plan Special Permit (MPSP).
Mr. Wade moved to find that the change to the MPSP is minor in nature and will not require a
public hearing. Mr. Kistner seconded the motion. Mr. D’Urso noted he believes this should be
subject to a public hearing. He noted this information was not included in the meeting packet
and in his opinion is worthy of more scrutiny. Ms. Burke stated the item was on the agenda, but
as indicated in her memo to the Board the documentation had not yet been received from Town
Counsel but was emailed to the members before the weekend. The Board voted 7 in favor and 1
opposed (D’Urso).
Mr. Paul moved to amend the MPSP issued to Legacy Farms on May 13, 2010, and subsequently
amended on May 30, 2012, July 11, 2012, November 20, 2013, December 9, 2013, March 3,
2014, April 30, 2015, August 12, 2015, August 8, 2016 and October 11, 2016, to allow
Restricted Land Covenants to deviate from the forms of Restricted Land Covenants listed in
Appendix B of the MPSP, provided that (1) the Restricted Land Covenant complies with the
requirements of Sec. 210-164 and 210-170 of the Zoning Bylaw, and 2) the Restricted Land
Covenant is approved by Town Counsel. Mr. Kistner seconded the motion.
Mr. DeYoung asked who will control the athletic parcel, and Mr. Weismantel stated technically
it will be the Board of Selectmen because they control all land, and the Planning Board will have
limited control as to what the properties can be used for. He noted the athletic parcel could have
playing fields, a museum and he believes even a skating rink, and implementation will be the
responsibility of the Parks and Recreation Commission. He noted the use of the Wilson St.
municipal parcel is open-ended, although the Planning Board would not recommend it for a
cemetery or a school but it would be very nice as open space. Mr. Kistner asked if the Marathon
Museum is still being considered, and Mr. Weismantel noted that would be more complicated.
Mr. D’Urso noted he is confused about the timing and asked if the two parcels are included in
the 500 acres of open space associated with the Legacy Farms development. Mr. Weismantel
stated this has always been part of the calculation and negotiated deal with the potential of an
athletic parcel as a worthwhile thing considering the potential influx of 366 more children in
Town. Mr. D’Urso stated he would like to see all this in black and white. Mr. Kistner left the
room at this time. Ms. Burke found the language on her laptop confirming that the 40 acres are
indeed included. Mr. D’Urso stated he used to be on the Conservation Commission, and from
his experience Sudbury Valley Trustees, for instance, does not do it this way, and he is
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uncomfortable with a restriction by a private organization on land that has been conveyed to the
Town. Mr. Kistner returned to the meeting at this time. Mr. Weismantel noted it is usually a
partnership of public and private entities, and the terms have been reviewed by Town Counsel
who feels this will work. Mr. D’Urso asked if the land can be held by another organization, and
Mr. Weismantel noted the Town wants an entity that is willing to work with the Town. The
Board voted 7 in favor of the motion, with 1 abstention (D’Urso).
6. Sidewalk discussion/Draft Letter to DPW Director
Mr. Weismantel stated the DPW Director requested clarification with respect to the Planning
Board’s recommendation for sidewalks and the Board has drafted a response letter. Mr.
Weismantel noted the Board previously wanted to focus on changes to Hayden Rowe for safety
reasons and recommended sidewalks on both sides of the street because of the schools, and
filling in several gaps throughout the Town. Mr. Weismantel noted Mr. Westerling is looking
for examples. It was noted there is a section missing along Hayden Rowe at Chestnut St., and
perhaps they can further investigate the possibility of finishing a section along Wood St. in the
vicinity of St. Paul’s Church at the culvert, not included in the site plan decision for the new
Wood St. public works facility. Mr. Weismantel referred to a section on Wild Rd. where there is
just one house without a sidewalk in front which does not make any sense. The Board discussed
the budgeting aspect and town meeting process, and it was noted Mr. Westerling is working on
capital expenses for next town meeting. Mr. DeYoung asked if the recommendations are in line
with the results of the sidewalk survey, and Ms. Burke stated essentially yes although the
Hayden Rowe, West Main St. and Wood St. were not high on the list. Ms. Burke noted she will
change the letter based on the discussion tonight and Board members indicated they were in
agreement on the wording. Mr. Kistner asked about the sidewalk in the vicinity of the right hand
turn lane on West Main St. to Lumber St., and Mr. Weismantel noted that is different and would
be considered reconstruction.
7. Public Safety Concerns, Hayden Rowe/Draft Letter to Board of Selectmen
The Board reviewed the draft letter to the Chairman of the Board of Selectmen. Mr. Weismantel
stated he would like to add a paragraph about a proposal for traffic calming measures on Hayden
Rowe introduced and defeated at town meeting a couple of years ago. He noted this proposal
was a good one but should have presented better, and a recent accident on Hayden Rowe is
another reason to revisit the issue, although he is not sure how this particular accident could have
been prevented. Mr. Weismantel noted he would like start looking for a resolution, properly
engineered, because now there will be 3 schools. The Board made a minor correction to the
letter, and decided to send the letter as amended tonight.
8. Zoning Advisory Committee (ZAC) Items
The Board reviewed the list of ZAC work items distributed to the Board. Mr. Weismantel noted
the Committee already voted on 3 items on the list so they are moving right along. He thanked
the Committee members in advance for their service. Mr. Paul suggested a work item on
sidewalks, and Ms. Burke stated that is related to the Subdivision Rules and Regulations, and is
not a zoning item. Mr. Weismantel noted he also thought about a possible change to the Sign
Bylaw prompted by the discussion regarding additional directional traffic signs in the 85 West
Main St./Starbucks parking lot. Ms. Burke referred to the Supreme Court ruling on signage, and
stated they cannot exempt traffic signs from the bylaw in general. The Board continued the
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discussion with additional ideas, and Ms. Burke noted she has been told that the Committee
would rather not consider any changes to the Sign bylaw this year.
Adjourned: 10:15 P.M.
Submitted by: Cobi Wallace, Permitting Assistant
Approved: __________________________
Documents used at the Meeting:
Agenda for Hopkinton Planning Board meeting, October 24, 2016
Memorandum to Planning Board from Jennifer Burke, Principal Planner, dated October 19, 2016 re: Items on
October 24, 2016 Planning Board Agenda
Application for Site Plan Review – 45 South Street – Front Point Management, LLC/Weston Partners
Acquisition Group LLC; Site Plans entitled 45 South Street, Hopkinton, Massachusetts 01748, dated August 15,
2016 prepared by Engineering Design Consultants, including Elevation Drawings entitled New XFit Building
Hopkinton, MA (undated) prepared by Clinton Design Architects; Drainage Calculations, 45 South Street,
Hopkinton, Massachusetts, dated August 15, 2016, p repared by Engineering Design Consultants, Stormwater
Pollution Prevention Plan (SWPPP) for Site Construction Activities at 45 South Street, Hopkinton,
Massachusetts, August 15, 2016, prepared by Engi neering Design Consultants; Public Hearing Outline/Site
Plan Review/45 South Street; Letter to Ms. Jennifer burke, Principal Planner, from BETA Group, Inc. re: site
Plan Review for 45 south Stret Hopkinton, MA; Letter to Ken Weismantel, Chairman, from Jeffrey Doherty,
dated October 19, 2016, re: site Plan Review – 45 South Street; Copy of Subdivision Approval Letter for
Auciello Oaks, dated February 12, 1992; Excerpts of Planning Board minutes for November 2, 2009, and
February 22, 2016
Draft Letter dated October 24, 2016 from Kenneth Weismantel to John Westerling, Director, DPW, re Sidewalk
Survey/Recommendations
Draft Letter dated October 24, 2016 from Kenneth Weismantel to Brian Herr, Chairman, Board of Selectmen,
re: Public Safety Concerns, Hayden Rowe
Hopkinton Planning Board – Proposed Goals for Discussion
Status Report – Legacy Farms – No. Students at Hopkinton Public Schools thru Oct. 1, 2016