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HomeMy Public PortalAbout20150511 - Planning Board - Meeting Minutes 1 HOPKINTON PLANNING BOARD Monday, May 11, 2015 7:30 PM Town Hall, 18 Main St., Hopkinton MA MINUTES MEMBERS PRESENT: Kenneth Weismantel, Chairman, Frank D’Urso, Fran DeYoung, Brian Karp (7:48 pm), Deb Thomas, Matthew Wade, Claire Wright MEMBERS ABSENT: John Ferrari, Frank Sivo, Present: Elaine Lazarus, Director of Land Use, Planning and Permitting Mr. Weismantel thanked Ms. Thomas for her years of service on the Board. Mr. Weismantel thanked residents who attended the annual town meeting last week and supported the Board’s articles. 1. Penny Meadow Lane The Board reviewed the draft Conditional Approval Agreement (CAA) for the Penny Meadow Lane subdivision. Ms. Lazarus stated that the applicant requests approval of the CAA and endorsement of the definitive subdivision plan, both of which would be recorded in the Registry of Deeds. She noted that the subdivision plan is as approved by the Board in December, 2014. Mr. Wade moved to approve the CAA and to endorse the definitive subdivision plan. Mr. D’Urso seconded the motion and the vote was unanimous in favor. 2. Town Meeting Recap Mr. Weismantel thanked members of the Planning Board and the Zoning Advisory Committee and Ms. Lazarus for the hard work of drafting the articles and preparing for town meeting. He noted that all of the Board’s articles passed. 3. Minutes Ms. Wright moved to approve the minutes of the March 23, 2015 meeting. The motion was seconded by Ms. Thomas and the vote in favor was unanimous. Ms. Thomas moved to approve the minutes of the April 27, 2015 meeting. The motion was seconded by Mr. DeYoung and the vote in favor was unanimous. 4. Legacy Farms Road South The Board reviewed BETA Group Inc.’s inspection report dated 5/1/15, relative to inspection of the Legacy Farms South road subbase and recent paving work. It was noted that BETA recommends that prior to the installation of the top coat of pavement on the roadway, cores and a sieve analysis of the subbase should be required to make sure it conforms to the regulations. Mr. DeYoung moved to require the information recommended by BETA Group prior to final paving, and review of the information by the Board’s engineer. Ms. Thomas seconded the motion and the Board voted unanimously in favor. 2 5. Ash Street Sidewalk The Board reviewed an email from John Westerling, DPW Director, with a photo of a fence, which could be used at a stream crossing for the next section of the Ash Street sidewalk. It was noted that the stream is between Hearthstone Rd. and Stone Crossing Way on the westerly side of the road. Mr. Weismantel stated the plan is for about 10 feet of fence in that location. Ms. Wright noted that Ash St. is a scenic road, so she is sensitive to overkill. She stated the stream is very small, and questioned the need for a 10 ft. long fence. Mr. Weismantel noted the design, consisting of wooden posts with slats, would fit in. Mr. D’Urso stated there is a similar fence used on Saddle Hill Road, and it fits in well. Ms. Wright asked how high the fence would be, noting that it looks high in the photo and all that may be needed is a wooden guardrail. Mr. Weismantel stated it would be about 42 inches tall. Mr. Karp arrived at this time. Mr. DeYoung recommend the minimum height necessary for the fence. Ms. Wright moved to approve the wooden fence detail proposed in the email, at the minimum height and for the minimum length required. The motion was seconded by Mr. Wade. The vote was 6 in favor with Mr. Karp abstaining. 6. Continued Public Hearing - 194-196 South Street – Major Project Site Plan Review – 194-196 South Street LLC Greg Read, applicant, Dave Marquedant, surveyor, and Doug Resnick, attorney, appeared before the Board. Mr. Weismantel noted that since the last hearing there was a meeting of the engineers to discuss outstanding items. Mr. Marquedant stated that they came to the engineers meeting on April 30 prepared to address the comments of the Board. He stated they came in with a revised concept, which has now been engineered, submitted and presented tonight. He described changes to the plan, including a shift in the location of buildings and pavement away from southerly side lot line. He noted that they have made changes to the stormwater management system and reduced the grade of the stone parking/storage area to 5%. He noted that the retaining wall will be about 8 ft. high at the highest point. He stated that roof runoff will be connected into the basin on site. The Board reviewed the remaining items outstanding in BETA Group’s letter dated May 11, 2015. Mr. Weismantel asked if there would be a gate at the driveway. Mr. Read stated that they may install one in the future when they build the office, and it would be located at some point inside the driveway so trucks could wait there. The Board discussed the proposed traffic flow, stormwater management system, and lighting. It was noted that the only lighting proposed is at the building doors. It was the consensus of the Board that the building and screening proposed appears acceptable. The Board discussed equipment parking and screening, and it was noted that it would be well back from the street. The Board noted that the steep slopes appear to be adequately designed. Mr. Weismantel raised the issue of noise, and asked Board members if there should be restrictions on when the dumpster could be emptied. Board members stated that given the location, surrounded by businesses and not near any residential uses, that there is no need for such restrictions. 3 Mr. Weismantel referred to the future office building which would be built in the future, and noted the Board needs to decide whether it wants an application to amend the site plan or an administrative review process to review the design at that time. Mr. Resnick stated the applicant is in favor of administrative review by the Design Review Board and the Planning Board, as they have addressed all of the site plan elements and would not want to go through the whole amendment procedure just for the building design. Ms. Wright stated she understands the desire to streamline the process, but the amendment option gives the Board more oversight in case there are any problems that arise, and the Board will have a chance to look at them. Mr. Resnick stated the Board already has an opportunity to review the site plan to see if all is operating properly, and the applicant has to build what is approved. Ms. Wright asked if a problem could be addressed after the project is built, such as with the steep slopes, etc. Mr. Weismantel replied yes. The Board reviewed the draft conditions of approval contained in Ms. Lazarus memo to the Board and as discussed at the hearing. Mr. DeYoung referred to a draft condition that prohibits the storage of mulch etc., and asked how the Board would know if someone is doing that. Mr. Resnick stated they have no intention of storing such material, only equipment. Ms. Lazarus noted that the condition would be for the future, in the event there is a change of use or owner. She noted in that instance, the stone surface could be re-designed to accommodate such storage. Mr. Weismantel asked Board members and the applicant if there are other conditions of approval to consider, and there were none. Mr. Weismantel asked for public comment, and there was none. Ms. Thomas moved to find that the site plans conform to the Site Plan Standards contained in § 210-136.1 of the Zoning Bylaw, and to approve the application and the site plan with the following conditions: 1. Construction of the site plan will be in two phases, with phase 1 consisting of all site improvements and construction of the maintenance building, and phase 2 consisting of the construction of the office building. The office building location is shown on the site plan and is approved, but the design of the building was not submitted for review. Therefore, no building permit shall be issued for the office building until the applicant submits plans depicting the building design which shall be reviewed by the Design Review Board and approved by the Planning Board. The Board may approve the phase 2 building design with conditions. 2. Site Plan Standard M requires the construction of sidewalks along the frontage of the parcel. The Board waives the requirement for a sidewalk in this location. The density, surrounding land uses, lack of nearby sidewalks and wetlands in this area are such that a sidewalk in this location is not practical. 3. Mechanical equipment or other utility hardware on the roof, grounds or buildings shall be screened from view from the ground. 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 4 or other such outside professional is required to assist with the inspections of the stormwater management system or any other component of the Site Plan, the applicant shall be responsible for the cost of those inspections. 5. The applicant shall be responsible for mitigating all construction related impacts, including erosion, siltation and dust control in a timely manner. 6. During construction, 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. 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 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. 8. As noted on Sheet 3 of the Site Plan (Note #40), no stockpiles of stone, mulch or loam will be stored on the site. If such stockpiles are desired in the future, the Site Plan shall be amended to depict how they will be stored, including details to control migration of material to the stormwater management system and wetland resource areas. 9. The retaining wall shown on the site plan has not been designed. Calculations shall be provided to the Director of Municipal Inspections by a MA registered professional structural engineer for the design of the retaining wall. The design shall include a surcharge loading to account for the parking of vehicles or storage of materials adjacent to the wall, and an independent guardrail system shall be provided. 10. The Stormwater Pollution Prevention Plan shall be provided to the Board prior to the commencement of construction. The motion was seconded by Mr. DeYoung and the vote in favor was unanimous. Mr. D’Urso moved to close the public hearing. The motion was seconded by Mr. Karp and the vote in favor was unanimous. 7. Wilson Street Tree Removal Mr. Weismantel referred to the email from John Westerling regarding his investigation of tree removal along Wilson St., a scenic road. He stated that a lot of trees have been removed north of the Legacy Farms North/Wilson St. intersection, and it is very open at this point. He stated he understands from the email that they were not in the road right of way, but the area is quite open. He stated that Roy MacDowell has said that he would revegetate the area to provide screening. He added that it looks like Eversource removed one tree for a utility pole. Christopher Small, 5 Reservoir Road, stated that 22 trees in a 100 ft. long section along Wilson St. were removed. He stated they are shown in the request for scenic road designation in 2008, and the tree diameters at that time were 5 inches to 13 inches. He stated that not all of them were in the road right of way, but it is his understanding that anything that impacts the scenic road vista, whether or not it is in the right of way, is in the Board’s jurisdiction. Mr. Weismantel stated the Board only has jurisdiction over the town’s property (road right of way) and not private property. He added that Mr. MacDowell doesn’t dispute that trees were moved by the 5 Town’s contractor, and he is upset about it. Mr. Small stated his interpretation of the scenic road designation is that it would protect the scenic road. He stated he doesn’t care who is responsible, and it needs to be addressed. He stated that the whole approach and oversight of this road has been poor. He referred to erosion and water in Wilson St. coming from Legacy Farms that froze in the winter. He stated that the contractor put in erosion controls, but then dug through and trenched there, pushing the problem toward Kruger Road. Mr. Weismantel stated it seems from Mr. Westerling’s survey that only one tree was in the right of way, and that regardless, the Board can ask Mr. MacDowell to plant trees along Wilson St. He noted that a site plan review application will be coming in for that property, and the Board can request vegetation and screening at that time too. Mr. Small stated his concern is that they have disrespected the scenic road, and what trees they are going to cut down elsewhere. He stated the trees screen the neighborhood from the natural gas facility. Mr. Weismantel stated the Board will be more stringent than it was on the south side, now that there are lessons learned. He stated the Board was abused by Pulte Homes. Ms. Wright stated it is not even at site plan review yet and the impact to the viewshed has already happened. Mr. Small stated he doesn’t see how Mr. Westerling determined that trees weren’t in the right of way, as the stumps are gone and there is no evidence left. He stated the area is not being respected. Mr. D’Urso moved to fine Eversource for removing the tree without a permit, and to require that a retroactive permit application be submitted. Ms. Thomas seconded the motion and the vote was unanimous in favor. Mr. Weismantel suggested sending a letter to Mr. MacDowell indicating that the Board expects to see replacement trees in this area. Mr. Weismantel noted that Mr. MacDowell did the initial cut for Legacy Farms North off Wilson St. for the gas company last fall, but the town took over the project in March, 2015. He stated that a lot of trees were taken down on Frankland Rd. as well. Ms. Wright suggested asking Mr. MacDowell and Mr. Westerling to attend a meeting to talk about Legacy Farms North. She stated she doesn’t expect excessive cutting anywhere on the site. She stated she wants the wooded feel of Wilson St. to be retained, and there should be no cutting of trees until site plans are approved. Mr. Weismantel stated he visited Pulte’s development at Pine Hills, and they left a lot of trees around units, something they said they couldn’t do here. The Board decided to invite Mr. MacDowell and Mr. Westerling to the meeting on May 20, to discuss Legacy Farms north site work, tree removal and erosion control on Wilson St. 8. Continued Public Hearing - Laurel Avenue Extension – Tom Perna It was noted that the Laurel Ave. applicant has requested a continuance of the public hearing and an extension of time to file a decision with the Town Clerk. Ms. Thomas moved to continue the public hearing to June 8, 2015 at 8:30 P.M. and to grant an extension of time to file the decision to June 22, 2015. The motion was seconded by Mr. DeYoung and the vote was 6 in favor with one opposed (D’Urso). 9. Master Plan Update 6 The Board reviewed the draft Natural, Cultural and Open Space Resources section of the updated Master Plan and made corrections and comments. Mr. Weismantel noted the Board should start thinking about what goals should be included. 10. Other Business Ms. Lazarus stated that Jennifer Burke will be joining the Land Use Dept. as Principal Planner on June 1. Mr. Weismantel stated that he and Ms. Wright attended “The Boroughs” workshop on May 7, where building and keeping good downtowns was the topic of discussion. Ms. Thomas asked whether any sidewalks downtown are scheduled to be replaced and if trees could be added. Mr. Weismantel stated he recently attended a meeting of the Boston Metropolitan Planning Organization (MPO), which prioritizes transportation projects for the region. He noted that the downtown project is still on the list for 2019. He stated that the lack of Rt. 135/Rt. 85 intersection alignment costs the town points in the rating system, as it isn’t able to do creative design. He stated it seems likely that the 25% design hearing will be in June. The Board discussed how to improve the Town’s preparation for such meetings, as it is an important project. Board members indicated that the Board of Selectmen should become more proactive in regards to this project. Mr. Weismantel noted that on June 8 the Board will hear its first commercial solar special permit application. He stated that Ms. Lazarus will send members the relevant bylaw and the Attorney General’s comments to the Town when the bylaw was adopted, so that members can be prepared. Mr. Weismantel suggested that the Board invite representatives of the Elementary School Building Committee to attend a meeting after the election, to provide preliminary thoughts about site planning and traffic mitigation, for example. He noted that now is the good time since the new school is in the early design stage. He noted that there could be connections to EMC Park for parking overflow, turning lanes and traffic calming, for example. The Board agreed to invite the ESBC to the June 8 meeting. Adjourned: 9:20 PM Elaine Lazarus, Director of Land Use, Planning and Permitting Approved: June 8, 2015 Documents used at the meeting: Memo dated 5/7/15 to Planning Board from Elaine Lazarus re: Items on May 11, 2015 Planning Board Agenda; Conditional Approval Agreement, Penny Meadow Lane subdivision; Definitive subdivision plan entitled “Penny Meadow Lane”, prepared by Guerriere & Halnon, Inc., dated 10/16/18, revised thru 12/8/14; Natural, Cultural and Open Space Resources, dated 4/28/15; Town of Hopkinton, MA Site Observation Report, Legacy Farms Road South, dated 5/1/15, BETA Group, Inc.; Email 4/28/15 to Ken Weismantel from John Westerling re: Ash St. Scenic Road Culvert Treatment; 194-196 South St. Draft Conditions – Revised 5-11-15 (BETA Recommendations page 2); 7 Letter dated 5/11/15 to Planning Board from BETA Group, Inc. re: 194-196 South Street Site Plan Review (Major Project) Peer Review Update; Plans entitled “194 South Street” prepared by J.D. Marquedant & Associates, revised through 5/8/15; Public Hearing Outline 194-196 South Street; Photograph of Wilson Street submitted by Christopher Small; Email 5/4/15 to Elaine Lazarus from John Westerling, re: Wilson Street Tree Removal; Draft minutes of Planning Board meetings on 3/23/15 and 4/27/15.