HomeMy Public PortalAbout20140811 - Planning Board - Meeting Minutes
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HOPKINTON PLANNING BOARD
Monday, August 11, 2014 7:30 P.M.
Town Hall, 18 Main St., Hopkinton, MA
MINUTES
MEMBERS PRESENT: Ken Weismantel, Chairman, John Ferrari, Vice Chairman, Deb Thomas,
Matthew Wade, Brian Karp, Claire Wright, Todd Holbrook, Frank D’Urso
MEMBERS ABSENT: Francis DeYoung
Present: Elaine Lazarus, Director of Land Use, Planning & Permitting; Cobi Wallace, Permitting
Assistant
Mr. Weismantel opened the meeting, thanked HCAM for taping the meeting, and summarized
the agenda. He welcomed new Planning Board member Frank D’Urso. He noted the applicant
for the Reservoir View OSLPD Special Permit application has requested a continuance of the
public hearing.
1. Joint Public Hearing with Tree Warden – 44 South Mill St. – Scenic Road Application –
Metrowest Holdings, LLC
Derek Dube, Metrowest Holdings, LLC, appeared before the Board. Paul Gleason, Tree
Warden, was also in attendance. Mr. Dube stated he is requesting approval for removal of one
14 in. pine tree directly at the driveway location for a new home being built at 44 South Mill St.
He submitted a photo of existing conditions. Mr. Gleason stated construction activities will
undoubtedly kill the tree, and he has no objection to cutting it down. Mr. Weismantel stated he
senses a conclusion in favor of removal, and asked whether it is appropriate to require a
replacement tree. Ms. Wright stated she looked at the area which is quite scenic and won’t be
affected too much by the loss of one tree, but this is a healthy tree and some type of mitigation
would be appropriate although not necessarily in this particular location. In response to a
question, Mr. Dube stated this will be the only street tree that will be affected and its removal
will improve sight distance. Mr. Wade agreed that removal won’t affect the scenic character of
this area, and although it would be great to get a replacement tree, it is probably not necessary
here. Mr. Holbrook stated the applicant is removing a healthy Town tree, and a donation to the
tree gift account is in order. Mr. Ferrari agreed. Mr. Weismantel asked about the amount. Mr.
Gleason stated $300 should be sufficient to plant a new tree.
David Goldman, 20 Fruit St., President, Hopkinton Area Land Trust (HALT), stated as an
abutter to the site he is fine with removal without requiring a replacement tree in the immediate
area, adding that nothing on their property will be ever be cut. Ms. Thomas moved to approve
the application with the condition that the applicant deposit $300 into the tree gift account. Mr.
Holbrook seconded the motion, and the vote was unanimously in favor. Mr. Wade moved to
close the public hearing. Ms. Thomas seconded the motion, and the Board voted unanimously in
favor.
Document: Photo of 44 South Mill St., Existing Condition, submitted by applicant; plan entitled “Proposed
Sewage Disposal System, dated November 15, 2012, prepared by Connorstone
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2. Public Hearing – 136 Spring St. – Scenic Road Application – Michael Shepard
Michael Shepard, 11 Hill St., appeared before the Board. He noted he purchased the property
around 1980 as an investment and to prevent development next to his home. He stated his son is
now buying the land to build a house for his family. He noted the only issue is that Spring St. is
a scenic road and the current stone wall opening is only 10 feet wide, insufficient to
accommodate construction equipment or the eventual driveway. He stated he is requesting
approval to temporarily widen the opening to 20 ft. and then close it back up to 16 ft. after the
work is done, noting that the house’s driveway would be located there. He noted they will save
the removed stones and use them to reconstruct the wall. He noted he flagged the opening for
the Planning Board members to see. He stated another section of the stone wall along the
property was damaged during installation of the new Spring St. water line and his son will also
fix that portion using stones from the interior of the site. Mr. Shepard stated he anticipates the
wall to be open for about a year.
Mr. Holbrook moved to approve the temporary widening to 20 ft. to accommodate construction
activity and to close the opening to 16 ft. after the work is done, with the understanding that the
damaged portion of the wall on the southwest side will be repaired at the same time. Mr. Ferrari
seconded the motion, and the Board voted unanimously in favor. Mr. Holbrook moved to close
the public hearing. Ms. Thomas seconded the motion and the Board voted unanimously in favor.
Document: Plan entitled “#132 Spring St.”
3. Public Hearing – 203 Pond Street OSLPD – Definitive Subdivision Plan Application –
John Coolidge and Anne Richards
John Coolidge and Anne Richards, applicants, Eric Dias, Tunison Dias, Inc., engineer, and David
Wluka, land planning consultant, appeared before the Board. Phil Paradis, BETA Group, the
Town’s consultant, was also present. Mr. Weismantel stated the Board approved a concept plan
special permit for this proposal in March 2013 and it is now at the definitive plan review stage
where the engineering details are reviewed. He explained the public hearing process, which will
begin with the applicant’s presentation, then comments from Ms. Lazarus, BETA comments,
review of waiver requests and discussion of possible conditions. Mr. Weismantel noted the
applicant still has to go before the Conservation Commission and the public hearing will
probably be continued. Mr. Coolidge noted he still would like the land to be preserved as open
space but is now presenting what he believes to be the best plan to preserve as much of the
property as possible.
Mr. Dias noted they have come a long way with field investigations and are now at full site
design. He stated they have received the comments provided by BETA and Town departments.
He noted he has submitted revised and additional plans to the Planning Board, and a Notice of
Intent (NOI) has been filed with the Conservation Commission. He stated they don’t yet have a
formal response to the comments received to date and will talk about the bigger issues tonight.
He noted the plan is consistent with the special permit. He noted the special permit application
proposed 72% open space, which has been increased to 75% on the definitive plan. He noted
they now have a full boundary survey showing all wetlands in the open space, and the definitive
plan provides the technical details. He noted they are implementing a lot of Low Impact
Development (LID) techniques but also some traditional drainage methods to provide the
maximum protection to the resource areas.
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Ms. Lazarus noted the design is the same as the special permit concept plan and the waivers the
Board granted at that time have been followed through with some additional requests as
expected. She stated the open space is in one contiguous large parcel as encouraged under the
bylaw. She noted she had a few comments on the proposal: 1) Lot 2, a corner lot, was shown
initially with the driveway off the new road. She stated she informed the applicant that the
bylaw only allows 10 lots to be served by a dead end street, and the plan has been revised
accordingly; 2) The special permit requires that the applicant identify who will own the open
space, and this information has not been provided yet. She noted all other special permit
conditions are met.
Mr. D’Urso asked if there will be a conservation restriction (CR) on the open space and Ms.
Lazarus stated a CR is required if the open space is not conveyed to the Town. Mr. D’Urso
stated he thought HALT was one of the possibilities, and Mr. Coolidge stated yes but he is also
considering the State or Sudbury Valley Trustees. Ms. Lazarus noted under the OSLPD bylaw
and the statute the land cannot be conveyed to the State. Tony Zulkeski, 213 Pond St., referred
to the comments submitted by the Board of Health questioning whether the site can handle the
sewage disposal systems. Mr. Dias noted they at this point they propose trench-in-trench septic
systems requiring only 2 test pits, but they will need 2 additional tests per lot if there is a change.
Mr. Weismantel asked if this is an issue for the Board, and Ms. Lazarus noted septic system
design will have to be approved by the Board of Health. In response to a question of Mr.
Zulkeski, Mr. Dias stated they intend for the lots to be served by municipal water.
Mr. Paradis noted the plan is essentially the same as approved under the special permit, and this
is an awesome piece of land and a prime candidate for this type of development. He noted most
outstanding items are technical paperwork issues. Mr. Paradis noted he also reviewed the
proposal for the Conservation Commission mainly with respect to the stormwater drainage
design. The Board reviewed Mr. Paradis’ review comments as follows:
1) Water Resources Protection Overlay District – Mr. Paradis noted the plan shows more than
2,500 square feet of impervious area so infiltration systems will be required. Mr. Mr. Dias
stated it complies with the requirement.
2) Septic systems – Mr. Paradis noted each lot will have its own septic system. Mr. D’Urso
noted he feels it would make more sense to have private wells, and Mr. Dias noted there are
some bedrock concerns and it would require larger lots, thereby taking away from the open
space. Andre Navez, 223 Pond St., asked how much blasting will be required, and Mr. Dias
stated he does not anticipate problems with bedrock for the septic systems, and any rock can
be broken up by other means.
3) Street numbers, plan scale, and cuts & fills – It was determined these will be addressed.
4) Street name – Ms. Lazarus stated it is the Town’s current policy for the street name to be
voted by the Board of Selectmen after approval and before recording in the Registry of
Deeds.
5) Results of percolation tests – Mr. Dias noted these are on file with the Board of Health and
he can provide a copy to the Planning Board.
6) Show steep topography – Mr. Dias stated the information is shown on the plan, and he will
consider this an action item to call it out on the plan specifically.
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7) Sight distance – Mr. Paradis stated Pond St. is a winding road in this location and he had a
hard time figuring out the sight distance around the corner. Mr. Dias noted they had
determined the sight distance for the road itself at the concept stage, and he will check into
the distances for Lots 1 and 2.
8) Vertical sight distance on vertical curves – Mr. Dias noted they will provide the calculations
and/or adjust the plans.
9) Cross sections of proposed driveways – Ms. Lazarus noted a typical detail will be sufficient,
and Mr. Dias stated he will provide it.
10) ADA compliance/sidewalk – Mr. Dias questioned whether the requirement needs to be met
in this case. Ms. Wright asked whether a sidewalk is really necessary for such a small
development, and Mr. Weismantel noted the Town is committed to extending the sidewalk
network wherever they can and it will enhance quality of life for the residents. Ms. Thomas
noted the Board should be consistent in requiring sidewalks. It was the consensus that the
plan is ok as is.
11) Catch basins - Mr. Paradis noted they are not holding the applicant to the requirement as they
will provide a country drainage system (LID), and it was the consensus that the waivers
would be granted. Mr. Weismantel stated country drainage appears to result in difficulties
with seeding the first 2 ft. adjacent to the road. Mr. Paradis noted that it is common practice
now to use stone along the road, which will also absorb road salt.
12) Grading plan – It was the consensus that the plan is fine as is.
13) Grade of parking area – Mr. Dias stated the walkway is being relocated or moved so it will
come out where shown on the plan. He noted he proposes a gravel parking area for up to 4
cars with a slope at 2%. Mr. Weismantel asked if the gravel at this slope will wash out after
rain storms and Mr. Dias stated no. Mr. Dias will add spot grades to ensure the area will
drain and will look into changing the trail location so it is less steep.
14) Road cross sections – Mr. Dias will address these items.
15) Stormwater Management Comments
a. Swale C - Mr. Paradis stated there are swales between a few houses for drainage while
others have cross culverts. Mr. Dias stated they can put in an area drain so water won’t
flow over the sidewalk.
Ms. Thomas left the meeting at this time.
b. Ecological Restoration Area - Mr. Dias stated the intent is to have water flow over the
berm into the wetland, and can add something to address the situation and a note to the
plan.
c. Pipe replacement - Mr. Dias noted it is being addressed in the NOI and he will provide
calculations to the Planning Board. He noted the design meets the river and stream
crossing standards. Mr. Dias noted they are creating an inverted “V” notch channel
within a 20 ft. open dirt bottom culvert, 2 ft. wide at the top, and it will not be a 20 ft.
wide river of water. Mr. Weismantel noted this is an item for the Con. Comm. but to him
a 20 ft. long, 12” wide culvert does not make sense at all. Ms. Wright asked if it will
require grates to keep kids from going in and out, and Mr. Dias stated it would not
because it is not a closed drainage system.
d. Kettle hole detention area – Mr. Paradis stated the applicant proposes using an existing
“kettle hole” natural depression as a detention area but how this will fit within the
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regulations is a conservation issue. It was noted the Board typically does not require
fencing of detention ponds.
e. Time of concentration values - Mr. Paradis stated the time of concentration values
provided by the applicant do not differentiate between woods and lawn. He noted he
thinks flow on lawns will be a little quicker and he would like to see the difference.
f. Discharge velocities - Mr. Dias noted he will make sure there are rip rap pads in place.
g. Rainfall data – Mr. Weismantel noted the Planning Board is in the process of changing
the regulations and is scheduled to discuss the issue later in the evening, but the
Conservation Commission already requires use of the NE Regional Climate Center Atlas
of Precipitation Extremes data.
h. Groundwater recharge – Mr. Paradis noted this is to make sure at least 65% of the
impervious surface is directed to an infiltration system, 30% to kettle hole detention
areas, and more to bioretention roof drains. Mr. Dias stated he will clarify.
i. Infiltration – Mr. Dias will document roof runoff infiltration.
j. Swales - Mr. Dias will add check dams to grass swales.
k. Lot 1 and kettle hole area – Mr. Paradis noted this concerns the proposed location of the
septic system, and Mr. Dias noted they have room on the lot to move the system further
away from the kettle hole.
l. TSS removal – Mr. Dias will address this item.
m. Vernal pool - Mr. Weismantel asked if the vernal pool is certified, and Mr. Dias stated
just at the local level. Mr. D’Urso asked if it needs to be fully certified, and Mr. Dias
replied no, it is not within 100 ft. of a building. Mr. Paradis noted it will be addressed by
the Conservation Commission.
n. Erosion & sediment control – The applicant will make the necessary changes to the
operation and maintenance plan.
The Board reviewed the requests for waivers from the Subdivision Rules. With respect to
curbing, Mr. Paradis stated cape cod berm would be ok especially since the applicant is
considering as much country drainage as possible. Mr. Dias stated he is requesting the waiver of
the maximum cut and fill because of the sight distance requirement of the vertical curve. He
noted he feels it is a reasonable request, and Mr. Paradis agreed. Mr. Dias addressed the street
tree requirement. He noted the Subdivision Rules & Regulations require 1 tree every 40 ft. but
the approved concept plan allows reduced frontage, resulting in 50 trees at 4 per lot. He noted
there would conflicts with sidewalks, curbs, utilities and the culvert replacement and he feels the
bylaw intends 2 trees per lot spread out more appropriately. Mr. Coolidge noted they are trying
to preserve as many trees as possible, and Mr. Paradis noted the trees on the site are huge and the
area once cleared is going to look a lot different. Mr. Dias noted that cramming in 50 trees will
result in dead trees and perhaps landscaping between houses to break up the empty open spaces
will achieve the same effect. Mr. Weismantel stated the plan does not appear to show 2 trees per
lot. Ms. Lazarus clarified the meaning of the requirement, noting that the requirement is to plant
one tree every 40 feet, not about calculating and fitting in a certain number of trees, so it appears
the requirement is close to being met, especially if some existing trees are retained. Mr.
Weismantel stated he would like to keep the 3 trees at the entranceway. Mr. Dias noted he will
look at it again using 40 ft. spacing instead of a number of trees. In response to a question of Mr.
Zulkeski about encroachment on the resource areas near lots 3 and 4, Mr. Weismantel noted they
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are not working in the buffer zone and the area will remain wooded. He stated there is some type
of trail network already there.
Ms. Lazarus referred to the waivers granted in the special permit, which indicated that the Board
would look at them again at the definitive stage when there was more engineering detail. Mr.
Dias noted not much has changed with respect to the design since the concept phase. Referring
to the waiver to allow construction on a 25% slope, Mr. Paradis stated most of these slopes are
due to ledge and outcrops. Mr. Weismantel stated the applicant submitted an additional sheet as
well as two revised plan pages which have not yet been reviewed by BETA. He asked about the
proposed screening on the south property line and whether the lawsuit will be settled if the plan
is approved. Ms. Richards noted this is a joint effort and both parties are working very hard but
there is no guarantee it will satisfy everyone.
Margaret Bower, 199 Pond St., stated they are meeting with the judge and Land Court to iron out
the issues but they are not at liberty to discuss the details. Mr. Coolidge suggested the Board talk
to Town Counsel. Mr. Weismantel stated the hearing will be continued and suggested Ms.
Lazarus invite Town Counsel to attend the next session. Mr. Weismantel referred to the
proposed conditions, the list of waivers which is consistent with the special permit, and the
disposition of the open space.
The Board reviewed its list of standard conditions of approval. Mr. Weismantel asked about the
construction timing and it was noted they still have to resolve the Chapter 61A issue so it will
have to be after that. Mr. Weismantel suggested allowing 3 years from completion of the
Chapter 61A process to start construction and 3 years to complete the development. It was noted
the decision would specify a maximum number of 12 lots.
Mr. Weismantel asked for input from the audience. Mr. Navez stated the Board’s decision
should address blasting as a matter of priority considering the amount of ledge in this area of
Town. He noted he is concerned about people’s private wells, and the responsibility for blasting
and any resultant damage is clearly linked to the applicant. Mr. Weismantel stated pre-blast
surveys are typically required, but from his experience with water and sewer work in Town they
only found a couple of cracks in foundations which were a lot closer than what would possibly
occur here. Ms. Lazarus noted the Fire Dept. issues the blasting permit. Mr. Navez referred to
the vernal pool, and stated any berms should be cape cod style to permit small animals to
negotiate them.
The Board discussed possible dates for the continued hearing. Mr. Wluka suggested continuing
the meeting after the applicant has completed the NOI process. Mr. Karp moved to continue the
hearing to September 22, 2014 at 7:45 P.M. Mr. Wade seconded the motion and the Board voted
unanimously in favor.
Documents: Plan entitled “Definitive Subdivision Plan, 203 Pond Street, Hopkinton, Massachusetts”, dated
June 30, 2014, revised through August 5, 2014, prepared by Tunison Dias, Inc.; Letter from BETA Group, Inc.
to Town of Hopkinton Planning Board, dated August 5, 2014 - re: 203 Pond Street OSLPD Definitive
Subdivision Plan Peer Review
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4. Continued Public Hearing – Reservoir View (Spring St.) – OSLPD Special Permit
Application – Christopher Olson
It was noted the applicant has requested a continuation of the hearing to August 25. A motion
was made to continue the public hearing to August 25, 2014 at 8:30 P.M. The motion was
seconded and the Board voted unanimously in favor.
5. Approval Not Required Plan – 191 Pond St. – James Pyne
David Marquedant, J.D. Marquedant & Assoc., Inc., surveyor, appeared before the Board. Mr.
Marquedant stated the plan will convey two small parcels from Mr. Pyne’s property at 191 Pond
St. to Christian Way LLC, and the new Christian Estates lot will be created based on the Board’s
endorsement of the plan. Ms. Lazarus noted the plan is entitled to endorsement. Mr. Wade
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.
6. Approval Not Required Plan – 89 Wood St. – Daniel Aho
Joe Marquedant, J.D. Marquedant & Associates, Inc., surveyor, appeared before the Board. Mr.
Marquedant stated the plan will modify the property lines of Lot 2 which was created on an
approval not required plan endorsed by the Board recently. Ms. Lazarus stated the plan is
entitled to endorsement. Mr. D’Urso moved to endorse the plan as not requiring approval under
the Subdivision Control Law. Mr. Wade seconded the motion and the Board voted unanimously
in favor.
7. Approval Not Required Plan – 0 Clinton St. (Hopkinton)/228 Olive St. (Ashland) –
Daniel Aho
Joe Marquedant, J.D. Marquedant & Associates, Inc., surveyor, appeared before the Board. Mr.
Marquedant noted this property was before the Board in 2012. He noted the home is on the
Ashland side of the property, and the Hopkinton side of the plan remains unchanged. He stated
Ashland wants the Planning Boards of both towns to endorse the plan. Ms. Lazarus noted the
plan is entitled to endorsement. Mr. D’Urso moved to endorse the plan as not requiring approval
under the Subdivision Control Law, Mr. Wade seconded the motion, and the Board voted
unanimously in favor.
8. Legacy Farms
East Main St. Road Work – Establish Performance Guarantee Amount – Roy MacDowell Jr.,
Legacy Farms LLC, appeared before the Board. Mr. Weismantel noted the Board previously
indicated it would require a performance guarantee to secure the road work required to be done
in East Main St. included in the subdivision approval. Mr. MacDowell stated the construction
plan has changed a couple of times, which is the reason for the delay. He noted they are now
ready to move the utility poles and separate onsite meetings with Verizon and NSTAR will be
arranged. He noted the plan is done and they have a contractor ready to go with a quote for the
project. He proposed a performance guarantee in the amount of $450,000 but offered to add
another $50,000 for a total of $500,000. Mr. Weismantel asked whether there is a Verizon work
order, and Mr. MacDowell noted he told them this project will start soon and is hoping to get an
answer tomorrow. Mr. MacDowell noted their contractor is Greener Group. Mr. Weismantel
asked about the Verizon fees and Mr. MacDowell noted it will probably be around $1,500. Mr.
D’Urso stated he would feel more comfortable if the project was already approved by Verizon,
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and Mr. Weismantel stated Verizon cannot disapprove the request. Ms. Wright stated she is fine
with the proposed $450,000 bond amount plus an additional $50,000 if Mr. MacDowell hires
Greener Group to do the work. Mr. Weismantel noted that if the Town ends up doing the work,
the issue of the prevailing wage would be a problem. Ms. Wright moved to set the performance
guarantee at $500,000. Mr. Holbrook seconded the motion and the Board voted unanimously in
favor.
Document: Plan entitled “The Commonwealth of Massachusetts Private Development Project,
Reconstruction of East Main Street (Route 135), dated July 28, 2014, prepared by Vanasse Hangen Brustlin
(VHB)
East Main St. Sidewalk Update – Mr. MacDowell stated they now have an Order of Conditions
and the appeal period is almost over. He stated he marked out the sidewalk and walked it with
Mr. Westerling and BETA. He stated they looked at the wall in front of 43 East Main St. and the
rip rap near Wilson St. Mr. MacDowell stated the solution for the “trestle” at Wilson St. is a
matter of methodology, and perhaps they can solve the problem by continuing the rip rap further
out or in the worst case by installing some of type of wood platform. He noted he would prefer
something more durable and will know more within a few days. Mr. MacDowell stated Mr.
Westerling has asked for proof the work is being done in the Town’s right of way, but that will
be hard to do everywhere due to the lack of current surveys. He stated he feels that 90% of the
sidewalk won’t affect anybody’s property, and Mr. Weismantel stated he is more worried about
the rip rap area than the right of way bounds. Ms. Wright asked if individual plot plans would be
helpful and Mr. MacDowell noted he did what he could. Ms. Wright noted the Town will run
into the same type of issue when extending its sidewalk network. Mr. D’Urso asked how the
stone wall at 43 East Main St. will be addressed. Mr. MacDowell stated that moving the wall
back in its entirety likely requires blasting with the potential of damaging the antique home,
however other options such as terracing do not require blasting. David Spengler, 43 East Main
St., showed a photo of his home and the wall. He stated one can see the drill holes as proof that
the wall was built by chipping away at the rock with a drill and wedge. He noted he wants to
avoid blasting, but would like the finished product to look nice and the terrace option would
include an ugly steel rail. Ms. Wright asked if he has any ideas, and Mr. Spengler replied no, but
relocating the sidewalk to the other side of the road has already been discussed and dismissed.
Mr. MacDowell noted he had a tour of Mr. Spengler’s basement and agrees blasting or shaking
would not be a good idea so they have to find an alternative method, but before they do anything,
test probes will be done to see what is behind the wall. Mr. Spengler stated he would prefer the
wall moved back entirely which can be done but will take a long time but it would be better from
a safety standpoint even though it will make the house look worse. Mr. Weismantel noted they
should get started on this soon, because otherwise the developer will be in trouble with the
Master Plan Special Permit condition. Mr. D’Urso stated he has seen the area and suggested
lowering the wall with the sidewalk behind it as another option. Mr. MacDowell noted they have
to make sure it won’t cause any problems for Mr. Spengler and there may be ADA issues. Ms.
Wright asked if they can start with another section of the sidewalk, and Mr. MacDowell replied
yes. It was noted the issue will be scheduled for discussion at the next meeting, at which time
the information from the probes will be provided and the design issue decided. Mr. Weismantel
asked about the corridor study that was due at the end of June. Ms. Lazarus noted it has not yet
been submitted.
Document: Plan entitled “Proposed East Main Street Pedestrian Connection” received August 6, 2014
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9. Registered Marijuana Dispensary Special Permit Application
The Board reviewed the draft submission requirements for the special permit application and the
suggested fee schedule. It was noted a $600 administrative and $1,500 consultant fee are
proposed. Mr. Weismantel asked if the consultant fee is big enough and Ms. Lazarus noted it
should be a sufficient deposit, with the applicant responsible for additional fees. Mr. D’Urso
asked if drugstores are required to pay a similar fee, and Ms. Lazarus noted drugstores are
allowed by right, so they do not. Mr. D’Urso noted he feels there is no difference between
marijuana dispensaries and drugstores, and Ms. Lazarus noted the special permit requirement
was adopted at the annual town meeting. Ms. Wright moved to approve the submission
requirements and the proposed application fees. Mr. Ferrari seconded the motion and the Board
voted 6 in favor (Weismantel, Ferrari, Wade, Karp, Wright, Holbrook) with one opposed
(D’Urso).
10. Christian Estates
David Marquedant appeared before the Board. The Board discussed the Trust documents and
had no further comment. The Board reviewed the Conditional Approval Agreement. Ms.
Wright asked if the maintenance requirement includes snowplowing, and Ms. Lazarus stated it
does. Mr. Ferrari moved to sign the Conditional Approval Agreement. Mr. Holbrook seconded
the motion and the Board voted unanimously in favor.
It was noted an original supplemental Covenant as revised was not available at the meeting. The
Board discussed the draft distributed for the meeting, and Mr. D’Urso asked about the possibility
that the future residents would ask the Town to accept the road. Mr. Weismantel noted they
would have to come to the Planning Board and build the road to Town standards. Mr. D’Urso
moved to sign the supplemental Covenant. Mr. Holbrook seconded the motion and the Board
voted unanimously in favor. Ms. Lazarus noted she will email the members when the original is
in the office and ready for signature.
Mr. Wade moved to endorse the Christian Estates definitive subdivision plan. Mr. D’Urso
seconded the motion and the Board voted unanimously in favor.
Documents: Definitive Subdivision Plan entitled “Christian Estates” dated Dec. 20, 2013 revised through
5/14/14, prepared by J.D. Marquedant & Associates. Documents entitled “Form E - Conditional Approval
Agreement”, “Declaration of Trust – Christian Estates Subdivision Homeowners Trust” and “Covenant”.
11. Site Plan Review Submission Requirements and Procedures & Stormwater Regulations
– Proposed Amendments
There were no comments on the proposed amendments. Mr. Ferrari moved to approve the
changes to the Site Plan Review Submission Requirements and Procedures and the Stormwater
Regulations. Mr. Wade seconded the motion, and the Board voted unanimously in favor.
Documents: Site Plan Review Submission Requirements and Procedures adopted July 11, 2011, amended
June 11, 2012 – Draft Modification 7/30/14; Stormwater Regulations Town of Hopkinton adopted October
20, 2008 – Draft amendments 7/30/14
12. Laurel Avenue Extension Application
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The Board reviewed a request to grant an extension of time for the Board to file its decision on
the application. Mr. Ferrari moved to extend the time to file the decision with the Town Clerk to
September 8, 2014. Ms. Wright seconded the motion and the Board voted unanimously in favor.
13. MassWorks Grant Application
Mr. Weismantel stated the Planning Board does not have to do anything with regard to this
application, but it will be discussed by the Board of Selectmen at its next meeting and the filing
deadline is coming up. Mr. Weismantel stated the Town would get $1,500,000 for realignment
and other improvements to the Main/West Main/Wood St. intersection, $500,000 for the
downtown project, and would take over the construction of Legacy Farms Road North with a
$6,000,000 grant. He noted philosophically he has a hard time with this. In response to a
question of Mr. Karp, Ms. Lazarus stated the grant funds public projects. Mr. Weismantel stated
projects have to be shovel-ready, and Ms. Lazarus stated the estimate to construct Legacy Farms
Road North is $6,000,000. She noted part of the justification for the grant would be an increase
in economic development opportunity for the downtown area to build out as a result of the new
road and the other improvements. Mr. Ferrari asked if the two parts/projects in the grant need to
be linked, and Ms. Lazarus noted the Town and Mr. MacDowell are working on this together and
it is felt that it is best to combine the items as they are linked. Mr. Ferrari asked if this would
effectively reduce Legacy’s cost by 6 million dollars and Ms. Lazarus replied yes. Ms. Wright
stated she feels if something would happen causing Mr. MacDowell not to proceed, the north
road still would be a benefit to the Town. Mr. Weismantel noted another issue is the proposed
rebuilding of the LNG plant at a cost of hundreds of millions of dollars, and how much traffic
should go by that location. Ms. Wright stated LNG plant problems would affect more than the
immediate Wilson St. area. Mr. Holbrook asked if the Board has to take action on this, and the
answer was no. Mr. D’Urso noted he is not impressed with the process, and if he had a say in it
he would say no. Mr. Holbrook noted he feels it is a waste of taxpayer money, and under the
current arrangement Legacy Farms is going to pay for construction of the north road. Mr. Karp
noted if the application is approved the Town would end up with $2,000,000 for improvements
to the downtown and Wood St. intersection. Mr. Weismantel stated the Town already has a
grant for that, and Ms. Lazarus stated the MassWorks grant would provide additional funding for
design, which can’t be funded on the TIP. Ms. Lazarus noted the Town receives a lot of
complaints about traffic and this is an attempt to do something about it and move the project up
in time. Mr. Karp noted he is ok with not taking action on this. Mr. Wade noted he is undecided
as well, and although he appreciates Ms. Wright’s comments he is not sure the application is in
the Town’s best interest. Mr. Ferrari stated with the exception of the money for downtown and
the Wood St. intersection, they would be helping the developer with no additional benefits
coming back to the Town, shifting the obligation to the taxpayer. Ms. Wright stated the taxpayer
would get some money back which otherwise will go to other towns. She noted she felt Mr.
MacDowell’s failed attempt at the last town meeting to amend the OSMUD was evidence of
some financial pressure. She noted she wants to see the Town/Legacy Farms partnership
continued and the development is completed maybe Mr. MacDowell can use his resources
elsewhere. She noted she feels turning down this money would be a fiscally irresponsible thing
to do. Mr. Weismantel stated it seems the Board’s opinion is split, and the easiest thing is not to
take action.
14. Administrative Business
11
Zoning Advisory Membership
Mr. Weismantel noted they are looking for members to form a new Zoning Advisory Committee
to start working on recommendations for the next annual town meeting. It was noted Ms.
Lazarus will email/write the other committees to invite people to join, and will also contact
former members.
The Board reviewed the draft Minutes of June 2, June 16, and July 7, 2014. Ms. Wright moved
to approve the Minutes as written. Mr. Wade seconded the motion and the Board voted 6 in
favor with 1 abstention (D’Urso).
Adjourned: 10:05 P.M.
Submitted by Cobi Wallace, Permitting Assistant
Approved: September 8, 2014
Documents used at the Meeting:
Agenda for August 11, 2014 Planning Board meeting
Memorandum to Planning Board from Elaine Lazarus, Director of Land Use, Planning & Permitting and Cobi
Wallace, Permitting Assistant, dated August 7, 2014, re: Items on Planning Board Agenda August 11, 2014.
Draft Minutes of June 2, 2014, June 16, 2014 and July 7, 2014.
Memorandum to Board of Selectmen from Norman Khumalo, Dave Daltorio and John Westerling, dated
August 8, 2014, re: MassWorks Grant Application.
Draft revised Planning Board Special Permit Application and submission requirements.
Plan entitled “Compiled Plan of Land in Hopkinton, Massachusetts, prepared for Christian Way, LLC, dated
June 13, 2014, prepared by J.D. Marquedant & Associates, Inc.
Plan entitled “Plan of Land Ashland Massachusetts” prepared for Daniel Aho, dated August 4, 2014, prepared
by J.D. Marquedant & Associates, Inc.
Plan entitled “103 Wood Street Hopkinton MA” prepared for Daniel Aho, Trustee, dated Aug. 5, 2014,
prepared by J.D. Marquedant & Associates, Inc.