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HomeMy Public PortalAbout20150810 - Planning Board - Meeting Minutes 1 HOPKINTON PLANNING BOARD Monday, August 10, 2015 7:30 P.M. Town Hall, 18 Main St., Hopkinton, MA MINUTES MEMBERS PRESENT: Kenneth Weismantel, Chairman, Brian Karp, Vice Chairman, Fran DeYoung, John Ferrari, Frank Sivo, Claire Wright, Matthew Wade MEMBERS ABSENT: Frank D’Urso, Patrick Mahon Present: Jennifer Burke, Principal Planner; Cobi Wallace, Permitting Assistant 1. Continued Public Hearings - East Main St. - Special Permit and Stormwater Management Permit Applications - Marathon Solar LLC Mr. Wade moved to continue the public hearings on the special permit and stormwater management permit applications for Marathon Solar to August 24, 2105 at 7:30 P.M. Mr. Karp seconded the motion and the Board voted unanimously in favor. Mr. Wade moved to grant an extension of time to file the decision for the stormwater management permit application to August 31, 2015. Mr. Ferrari seconded the motion, and the Board voted unanimously in favor. 2. Approval Not Required Plan - 102 Fruit St. - Estate of Joseph W. Pratt Wayne Davies, Attorney, and Patrick Arnow, MetroWest Engineering, Inc., surveyor, appeared before the Board. It was noted the plan shows 4 parcels with Lot 1 to be conveyed to the Town, and lots 2A, 2B and 2C to be retained by the Pratt family. Mr. Weismantel asked for clarification regarding the parcels not to be considered separate building lots, and Mr. Davies stated that during the land purchase negotiations the discussion turned to Lot 2 for a little more land, and the Estate agreed to convey by gift lots 2B and 2C to the Town in the event a portion of Lot 2 were to leave the Pratt family. Mr. Weismantel asked if the plan meets the requirements for endorsement, and Ms. Burke stated yes. In response to a comment by Ms. Wright, Mr. Davies stated the Town entered into an agreement with the Hopkinton Scout Leaders Assn., Inc. to host a 1.6 acre area somewhere on Lot 1 pursuant to a master plan to be created in the future. Mr. Weismantel stated the Board of Selectmen has scheduled a discussion of the master plan for this property on tomorrow’s meeting agenda. Mr. Karp moved to endorse the plan as not requiring approval under the Subdivision Control Law, Ms. Wright seconded the motion, and the Board voted unanimously in favor. 3. Legacy Farms Master Plan Special Permit Amendment - Condition #47 Mr. Weismantel stated Roy MacDowell’s requests to amend Condition #47 of the Legacy Farms Master Plan Special Permit to provide additional time to comply with the requirement for submitting the second signal timing report for the three major intersections in Town so that traffic counts could be taken when school is in session. Mr. Karp moved to grant an extension to October 15, 2015. Mr. DeYoung seconded the motion and the Board voted unanimously in favor. 4. Hayden Woods/Davenport Village 2 Victor Galvani, owner, appeared before the Board. The Board discussed the request to reduce the performance guarantee amount to $258,600. In response to a question of Mr. DeYoung, Mr. Galvani stated that BETA Group, the Board’s inspector, was able to reduce the amount based on additional work done in the past two weeks. Mr. Karp moved to reduce the performance guarantee amount required for Hayden Woods to $258,600. Mr. Wade seconded the motion and the Board voted unanimously in favor. Reference was made to the developer’s letter to the Board of Selectmen requesting a change of the street name from Bucklin Lane to Davenport Lane. It was noted that at a previous meeting the Board voted to require the developer to take out the Davenport lettering on the stone wall at the entrance or change it to match the approved street name, and the requested street name change would make this a little easier. Mr. Weismantel noted Ms. Lazarus drafted a letter with recommendations to the Board of Selectmen for review. He noted normally the Board does not weigh in on street names, but Ms. Lazarus felt that the requested change would eliminate possible confusion with Bucklin St., a paper street elsewhere in town. Ms. Wright noted this will not take away the need for a standard green street sign, because if left as is the stone wall will still say Davenport, which clearly is a development sign in violation of the Board’s policy. She noted allowing Davenport to remain will send the wrong message. Mr. Karp noted he does not object as long as there is a standard street sign as well. Mr. Ferrari noted the Board did not require the developer to change the name to Bucklin as opposed to Bucklin Lane as an option, and he agrees with Ms. Wright that allowing the change as requested sets a precedent and sends the wrong message. Mr. DeYoung agreed. In response to questions from Board members, it was noted the Board’s opinion on development signs is not a written regulation per se, but has been consistently applied for the last 20 years, including Legacy Farms, mainly for safety reasons and to avoid confusion. Mr. Weismantel stated it appears the Board’s consensus is to add the word “Lane” to the sign in the wall, and Ms. Wright stated the alternative is to leave it blank. Mr. Weismantel stated they will write to the Selectmen in support of the name change, and it was noted they will have to change the wording of the draft letter somewhat. Mr. Galvani noted they will figure it out, although alteration will not be an option and the sign would have to be completely redone. Ms. Wright moved to give the Hayden Woods developer the option to remove the existing lettering from the wall or re- letter it to state “Davenport Lane”. Mr. Karp noted it could also be changed to Bucklin Lane instead, and Mr. Weismantel noted that decision would be up to the developer. Mr. Ferrari seconded the motion, and the Board voted unanimously in favor. Ms. Wright moved to change the draft letter to the Board of Selectmen to state that the Planning Board is in support of changing the street name from Bucklin Lane to Davenport Lane, Mr. Ferrari seconded the motion, and the Board voted unanimously in favor. Mr. Galvani asked if the Board has had an opportunity to look at the triparty agreement sent to the Board for review. He noted Ms. Lazarus sent them an example of a similar agreement, helped them draft a document modified for Hayden Woods, and he believes they now have a final version ready for the Board’s signature. It was noted the document was not yet distributed to the members, and the Board reviewed the document at this time. Mr. Wade moved to sign the triparty agreement as written, Ms. Wright seconded the motion, and the Board voted unanimously in favor. 3 5. Christian Estates It was noted the Board established the amount of the required performance guarantee for Christian Estates at the previous meeting with a provision for automatic reduction based on additional work completed, and so far released one lot from the conditional approval agreement. Mr. Weismantel noted the developer is now requesting the release of one additional lot. It was noted the required deposit was made and is sufficient to cover the cost of remaining work. Mr. DeYoung moved to release lot 3B from the conditional approval agreement, Mr. Wade seconded the motion, and the Board voted unanimously in favor. 6. Cumberland Farms - 91 West Main St. – Roadway Modifications Mr. Weismantel stated he met with a representative of BETA Group Inc., the Board's consultant, at the Lumber St./West Main St. intersection to discuss the area needed for an extended right hand turning lane. He noted it was determined they need a 12 ft. x 65 ft. right triangle starting at the western edge of the eastern Cumberland Farms driveway to match up with the 12 ft. easement already secured in connection with the 85 West Main St. commercial development, amounting to approximately 390 sq. ft., subject to survey. He noted he and Ms. Lazarus then met with Cumberland Farms representatives who were generally amenable to the proposal, expecting the Town to do the engineering and survey work needed to set up an easement plan and determine the feasibility of the project on the ground. Mr. Weismantel stated he would like to have a proposal ready for a fall special town meeting, maybe as an article for a gift of land. He noted the Planning Board has some money for engineering in its budget and in August there will be money available from Mr. Mastroianni’s Lumber St. project that might be used for this purpose as well. It was noted that perhaps the engineering could be done by October with construction to start next summer in conjunction with the work to be done for Hopkinton Mews. 7. 98 Hayden Rowe St. – Hopkinton Center for the Arts – Amendment to Approved Site Plan Chuck Joseph, Hopkinton Center for the Arts (HCA), appeared before the Board. He introduced Kris Waldron, Director, HCA, and Dan McIntyre, engineer. Mr. Weismantel referred to the discussion at the previous meeting where it was decided that the Board should notify the immediate abutters to get their input on the proposal, and he is happy to see some of the abutters here tonight. He noted the Board determined at the last meeting that the proposed modification is minor and does not require a formal public hearing. Mr. McIntyre noted the idea is to get a few more parking spots as the newly renovated center is attracting more people who want to join and take classes. He noted they initially looked at the auxiliary parking lot adding more spaces facing Hayden Rowe, but have decided to change the plan based on concerns from the abutters. He stated they now propose to add 2 spots in the area facing the loop road, as well as 2 new spots next to the existing garage to be reserved for employee parking. He noted they also looked at the possibility to get more parking in the main lot, but ran into problems with the required number of handicapped spaces under the shared parking agreement with the High School, and propose to resolve that issue by relocating 2 of the 5 spaces to the area near the walkway. 4 Ms. Wright asked whether the 2 relocated handicapped spaces empty out onto a sidewalk, and Mr. Joseph explained how it would work. Mr. McIntyre followed up on Ms. Wright’s comment and noted they should probably put some sort of a sidewalk in the area, and Ms. Wright stated that would be better so that people won’t have to go through the parking lot. Ms. Wright asked about the change in dumpster location, and was noted it will be less visible and the two relocated handicapped spaces will not interfere with the operation of trash trucks. In response to a question of Mr. DeYoung, Mr. Joseph explained that for the HCA lot alone they are required to have 2 handicapped spaces but have to account for 5 in total under the shared parking agreement with the school. Ms. Wright stated she recalls talking about the use of temporary handicapped spaces for big events, and Mr. Joseph noted that was discussed during the initial site plan hearings and is a possibility. Mr. Karp asked if they have the right to include temporary handicapped spots, and Mr. Joseph noted it would require reopening the negotiations with the school and would probably complicate matters. Mr. Weismantel stated he feels the proponents should be able to approach the school if it turns out more handicapped spaces are needed on a regular basis. Mr. Joseph agreed, but stated he feels Mr. McIntyre has come up with a good on- site self-contained solution. Mr. Karp asked if there ever was a solution to possible parking jams at the dead end portion of the lot once it fills up, and Mr. Joseph noted they did not incorporate a turnaround and it would be difficult to extend the parking area due to grade issues. Ms. Wright noted it’s a shame not to have an exit there, and the proponents stated it’s mainly because of the steep grade and it would not be a good location relative to the loop road/Hayden Rowe intersection. Jeannine Hagan, 105 Hayden Rowe, asked to see the new layout and thanked Mr. McIntyre for changing the plans. She noted the original plans showed a lot of landscaping and Mr. Joseph stated these plans are only for showing the proposed changes to the parking spaces. Ms. Wright noted Ms. Lazarus referred to additional plantings along Hayden Rowe, and Mr. Joseph stated that was before they decided to change the plan. Ms. Hagan stated she is satisfied with the new layout. Paul DiBona, 108 Hayden Rowe, asked about the transformer being added on Hayden Rowe on the north side and stated he believes screening is required as a condition of approval. Mr. Weismantel noted he would like to see it screened as much as possible but there are limitations as far as EverSource is concerned. Mr. DiBona stated the school is not doing a good job maintaining the loop road sidewalk, forcing people to walk in the road. He noted he would like to see a sidewalk on the other side of the loop road which would benefit both the HCA and the school. He noted the Hayden Rowe/loop road intersection is very dangerous and the current location of school/field signage causes confusion with people frequently getting lost and turning around, which is going to be a bigger issue as the area gets more developed. He noted he talked to Mr. Joseph and the DPW about the possibility of moving the signage further back onto school property and perhaps get some work done on the sidewalk, fix the fence, and improve landscaping. Mr. Weismantel asked about the grade on the loop road, and Mr. McIntyre stated it could work for a sidewalk on the other side. Mr. Weismantel noted perhaps this would be a good place for the DPW to spend some sidewalk money. 5 Ms. Wright referred to Mr. DiBona's comments. She stated she does not mean to redesign the plan at this point but would be in favor of some type of sidewalk or path to discourage people from cutting through the area up the hill to get to the facility. Mr. McIntyre noted that is a good point, and an earlier plan had some steps or stairs in that area but it got too complicated. Mr. Joseph noted there are some jurisdiction issues, but they will be happy to work with the Town and the school. Ms. Wright noted she appreciates the changes made to the initial proposal which would have been detrimental to the Hayden Rowe streetscape. Mr. Weismantel noted it appears the Board is essentially satisfied with the proposed site plan amendment as modified tonight and asked if the landscape plan has to be changed accordingly. Mr. McIntyre stated they will finalize the site plan and still have to update the landscape plan to reflect the new curb layout. Mr. Weismantel stated the Board needs both plans to be able to approve the change in a formal vote, and it was noted that the input received from the Board so far is sufficient for final construction bids. Mr. Weismantel stated the Board will continue the discussion and finish up the process at the August 24 meeting. He thanked the neighbors for participating in the discussion. 8. Proposed Demolition of Toll Plazas along Massachusetts Turnpike Mr. Weismantel referred to a letter received from AECOM, stating that MassDOT is going to remove some concrete and pavement at the Mass Pike/Rt. 495 interchange in connection with the change to automatic tolls and is asking the Planning Board for comments. He noted the sketch provided was hard to read, and he has a few questions he would like to see answered. He stated it appears they are keeping a parking lot with about 20 spaces and it is not clear whether these are for employees or the public. He noted it is also not clear from the documentation submitted how fast vehicles will be traveling through the electronic collection system, highway or exit speeds. Mr. Weismantel stated he is also not sure if the building will remain or if everything is coming out, and it appears the Board's response will have more questions than answers although it won't make a difference in the outcome. He asked if the members are ok with him drafting a response letter to at least keep the dialogue going, and there were no objections. 9. Discussion of Proposed Rezoning - #79, #81 and #83 Hayden Rowe Wayne Davies, attorney, Ken Webb, owner of 79 Hayden Rowe, Phil Antoniadis and Barbara Kessler, owners of 81 and 83 Hayden Rowe, appeared before the Board. Mr. Davies noted the properties proposed for rezoning are next to an existing Business District, and Hopkinton Pediatric Dental is the property furthest north. He stated the change would unify an area already partially zoned for business, including the gas station on the corner of Grove St. and Hayden Rowe, and will provide opportunity for these properties in the future. He noted the feels the proposal is self-explanatory considering location and uses of the properties. Mr. Weismantel noted most members are probably familiar with the recent expansions of the dental office, and Mr. Davies pointed out it is a nonconforming use allowed by variance and any changes need additional approval from the Board of Appeals. He stated making this use conforming will make it easier to make changes without taking up the Board of Appeals' time. Mr. Davies stated it is the Town's goal to make uses conforming with the zoning district they are located in and this change would be beneficial for everyone. He noted he would like to see the proposal considered at a next town meeting, hopefully a fall special town meeting if one is scheduled. Mr. Weismantel stated this type of change is traditionally sponsored by the Planning Board, typically at an annual town meeting, but if the proponents decide to submit an article by citizens petition 6 they will respond and take it from there. Mr. Davies stated at this point they just want get the Board’s initial thoughts to start the discussion process. Mr. Weismantel stated they should talk to the neighbors, and Mr. Davies stated the immediate abutters are here and they are in favor. He noted there might have been some preliminary contact with another neighbor to the north, but if the Planning Board looks favorably on the proposal they will extend these discussions to the entire neighborhood. Mr. Davies stated the variance for 79 Hayden Rowe runs with the land, and a rezoning will not be a change to the neighborhood at all. Mr. Antoniadis stated he was swayed when the gas station was rezoned Business as part of the Town's vision for the area, according to the meeting minutes, and he does not understand why that would not include properties across the street. Ms. Wright noted she lives on Hayden Rowe, and the properties have been presented as abutting a business district, however this portion of Hayden Rowe is basically all residential, sometimes referred to as “Little Hayden Rowe”. She noted the home at #81 is quite recognizable and appears in old photos, and except for Kenney's gas station going back to the 1950's, it is considered a lovely neighborhood with new single family homes still being added. Mr. Antoniadis stated that is true, however there is a big commercial building at #34-40 and the Verizon building at #35 across the street. Ms. Wright noted she lives next to 34-40 Hayden Rowe without any issues, but she is concerned about business zoning creep into a residential neighborhood. Mr. Davies used an area map and indicated the proposal does not constitute zoning creep, as it is not enlarging the area but unifying existing properties and zoning them properly. Mr. Antoniadis stated he feels his property is effectively stuck in a business area. Ms. Wright stated a number of homeowners on West Main St. successfully rezoned their properties to Rural Business a number of years ago but so far it has not provided the opportunities they were hoping for. She noted in this case the proposal involves a dental office kept in a residential style during a couple of expansions working with the Town, but the proposed change will open up the property to a host of business uses allowed by right in a residential neighborhood. Ms. Kessler noted the change will never go beyond what is proposed tonight and they are just creating the proper zoning district to go with the current uses. Ms. Wright noted a rezoning to business would cause the neighborhood to be subject to a number of uses that may not be good neighbors, and Mr. Davies noted that is where the Planning Board comes in with site plan review. Mr. Ferrari noted he is open to the proposal but concerned about the consequences as it is one thing having a medical office, but the potential of a restaurant, bank or retail store is another matter. Ms. Kessler noted the dental office is very busy and Parmenter's only 100 yards away. Mr. Davies noted the pediatric dental office won't be there forever and something else will move in eventually but it will never revert to a residential use and it is in the Town's best interest to allow the new business to flourish. Ms. Wright noted she is concerned about the uses allowed by right and the Planning Board has very little control by means of the site plan review process. Mr. Sivo stated having a business use by variance in a residential district should not justify changing the zoning altogether, allowing further creep. Mr. DeYoung noted checks and balances are needed, and the Board of Appeals process is appropriate for that purpose. Mr. Wade noted the change would be in line with the existing business area and personally he is ok with the proponents moving forward. Mr. Karp agreed and noted it would complete the business district. Mr. Weismantel stated he would like this proposal to be reviewed by the ZAC and find out what 7 neighbors have to say. Diane Cambourelis, 26 Hayden Rowe, stated she would like to see the area protected as residential because business uses are already encroaching from the other side including the farmers market which is crowding out some of the residents. Mr. Weismantel noted it appears the reviews are mixed. He noted they will be appointing ZAC members in a couple of weeks, and typically their second meeting will have a public hearing/forum asking for suggestions and he encourages the proponents to be part of that process. It was noted Mr. Coutinho is the current ZAC Chair, and Mr. Weismantel stated the proponents should ask him to put the item on the agenda. Mr. Weismantel noted the Planning Board will respond if a citizens petition is submitted, otherwise the proponents will be able to go through the normal process through the ZAC. Mr. Davies thanked the Board for their comments. 10. Master Plan Update Mr. Weismantel noted Ms. Lazarus distributed the Economic Development section of the Master Plan update to the Board, to be reviewed by Mr. DeYoung and Mr. D'Urso in accordance with the assignments made at a previous meeting. He noted at this point it is up to all members to provide comments over the next 1 ½ months using available resources. Ms. Burke stated Ms. Lazarus is suggesting September 28 for a discussion of all sections in draft form. 11. Small Subdivisions – Discussion Mr. Weismantel stated Ms. Lazarus put together a fact sheet for discussion purposes. He stated he felt it was interesting to see the discussion regarding dead end streets in a memorandum to former Town Counsel Larry Faiman when the Planning Board was sued for turning down a dead end street in the Cranberry Cove subdivision in the late 1980's. The documentation included a comprehensive study of all aspects of Hopkinton's dead end streets at the time, and Ms. Lazarus updated the list. The results were quite interesting, especially the level of consistency of the Board, but as a follow up to the discussion started at the last meeting regarding a possible short dead end street at 25 Ash St., he would like to be more specific with respect to the term “exceptional circumstance” and give prospective applicants a list of what has qualified over the years. Ms. Wright noted she feels the Board has been constant in maintaining the prohibition and although it has been flexible in identifying exceptional circumstances on a case by case basis, it has never permitted a dead end street without one for almost the last 20 years. Mr. Weismantel stated the Tedstone subdivision on Pleasant St. may have been the exception, and he believes they are going to see that type of proposal a lot more often, considering the types of vacant parcels remaining. Mr. DeYoung referred to the 25 Ash St. plan, and Mr. Weismantel stated the Board identified an exceptional circumstance in the form of a tract of land that would be beneficial for adding to the trail network. Ms. Wright referred to a town meeting article from about 20 years ago, called the "back lot" article, which tried to create a mechanism to access back land and people were very much against it. She noted the voters did not want to see every scrap of land developed and the article went down in flames. Mr. Ferrari stated people know that development is going to continue no matter what, but feel that not enough is done to protect the character of the Town. He noted making it easier to accept changes in existing areas just because the land is there, would only worsen the situation. He stated he assumes people bought the land knowing the limitations, and making a change to create development opportunities in residential areas that weren't there before would serve no purpose except for the owner. Ms. Wright stated it's 8 interesting seeing the list of denials and how eventually the proponents found a way to get something in, in spite of the Board's prohibition on dead end streets. Mr. Weismantel noted he learned a lot from the information collected by Ms. Lazarus and it would have been very helpful for the 25 Ash St. discussion. Ms. Wright noted reading through it, she did not see a clear reason for making a change considering the steady record of consistency over the last 20 years. Mr. Weismantel stated the real question is whether there is a better way to define an exceptional circumstance which is now at the discretion of the Board. Mr. DeYoung noted it would be beneficial to attach a defined value to an exceptional circumstance going forward to be used as a litmus test, and Mr. Weismantel stated perhaps it can be addressed with a change to the rules and regulations requiring an applicant to find and list the value of the exceptional circumstance. Ms. Wright stated the list should not be exclusive, potentially ruling out some unique fact, environmental factor, or protection of water resources as examples. Mr. Weismantel stated this issue may come up with an application to amend the remaining section of Elmwood III (Fitch Rd., etc.) approved in the mid 1990's. He noted it has been found that changing site conditions are making it impossible to build the approved plan, and the developer is talking about 2 dead end streets instead, perhaps including a gift land to be used as the exceptional circumstance. 12. Future Agenda Items Ms. Wright stated she will talk to Ms. Lazarus about possibly putting Deerfield Estates on a future Planning Board agenda. She stated she thought the development was done, but the Town still holds a bond and Capital Group has started to turn things over to the homeowners. She noted in 2005 the property was reconfigured to save a 300 year historical home at 148 Lumber St., and the Deerfield Estates residents approached the Historical Commission about its condition resulting in CPC funding to stabilize the structure. She stated the developer agreed to an extensive landscaping plan for the property which when finished would make it look better for everyone. She noted the plan shows landscaping in the back, but there is a 20 ft. cliff in that location so this needs to be discussed with Capital Group. She noted perhaps some of the bond money can be used to finish the landscaping and install a fence to make it look better and address a safety issue. Mr. Weismantel suggested she work with Ms. Lazarus, and Ms. Wright noted she feels involving the Planning Board may help putting on some pressure. Adjourned 9:20 PM Submitted by: Cobi Wallace, Permitting Assistant Approved: September 15, 2015 Documents Used at the Meeting:  Agenda for August 10, 2015 Planning Board Meeting  Memorandum from Elaine Lazarus, Director of Land Use, Planning & Permitting to Planning Board, dated August 6, 2015 Re: Items on August 10, 2015 Planning Board Agenda  Letter from AECOM to Ken Weismantel, Chair, dated July 17, 2015, Subject: MassDOT Project 607581 District 3 – Demolition of Legacy Toll Plazas along I-90, Plaza #11A, Hopkinton with plan attachment entitled “Proposed Improvements Toll Plaza Demolition and Improvements Interchange 11A Hopkinton, Massachusetts  Tripartite Agreement between Town of Hopkinton, Crosswinds Hopkinton LLC and Mutual One Bank, entitled Performance Secured by Lender’s Agreement for Hayden Woods 9  Draft Letter from Ken Weismantel, Chairman, Planning Board, to Ben Palleiko, Chairman, Board of Selectmen, dated August 10, 2015, re: Hayden Woods – Street Name Change Request  Site Plan for 98 Hayden Rowe (Hopkinton Center for the Arts) – untitled, received August 10, 2015  Form K Usual Form of Release of Conditions of Planning Board Approval for Christian Estates Lot 3B  Letter from Wayne R. Davies, Attorney at Law, to Kenneth Weismantel, Chairman, Planning Board, dated July 24, 2015 re: Rezoning from RA to B Lots U19 174 0, U19 175 0, U19 175 2 – 79, 81, 83 (Hayden Rowe) Street, Hopkinton, MA  Plan of Land in Hopkinton, MA prepared for Estate of Joseph W. Pratt, dated July 1, 2015, prepared by MetroWest Engineering, Inc.  Dead End Street Information - letter to Larry Faiman from Elaine Lazarus, dated August 27, 1996, with additional information entitled “Conventional Subdivisions with dead end streets – 1997 to 8/5/2015”