HomeMy Public PortalAbout20230306 - Planning Board - Meeting MinutesHopkinton Planning Board
Monday,March 6,2023 7:00 P.M.
REMOTE MEETING
Minutes
Members Present:Gary Trendel (Chair),Mary Larson-Marlowe (Vice Chair),Robert Benson,
Fran DeYoung,Elyse Mihajloski,Jane Moran,Paul Ostrander,Ron Priefer,Matthew Wronka
Members Absent:
Present:John Gelcich,Principal Planner;Stephanie Pemberton,administrative assistant;
Thomas Poirier,Hopkinton Fire Prevention
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Mr.Trendel called the meeting to order at 7:00 PM
Mr.Trendel called the name of each Planning Board member,and each member that was present
responded affirmatively that they were present and could hear him.Mr.Trendel then called the
names of staff members;Mr.Gelcich and Ms.Pemberton who responded affirmatively that they
were present and could hear.
Mr.Trendel stated that the meeting is being conducted remotely consistent with the legislature
approved June 16,2021 allowing the continuation of the Executive Order that allows public
bodies to meet remotely as long as the public body makes provisions through adequate,
alternative means to ensure that interested members of the public are provided reasonable access
to the deliberations of the meeting.
Mr.Priefer moved to open the public hearings,Ms.Moran seconded and the Board voted
unanimously in favor through roll call vote 9-0-0.
1.New Public Hearings -Proposed Zoning Bylaw Amendments
Rachel Rossin,Co-Chair of the Zoning Advisory Committee (ZAC),was also present.
Mr.Gelcich did note that the legal opinion of the Town Counsel had not been received at
the time of the meeting.
a.Electric Vehicle Parking
Mr.Gelcich noted this is a new bylaw with the intent of encouraging Electric Vehicle
(EV)parking spaces that are going through site plan review relative to parking changes.
He added the intent of this bylaw is not to use private parking lots as public parking
spaces.Mr.Gelcich then read through the proposed bylaw along with applicability and
requirements.
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Mr.DeYoung asked if the language used was consistent with other towns’similar bylaws
in the State.Ms.Larson-Marlowe noted her understanding that much of the language was
borrowed from other sample bylaws and reviewed extensively with the Sustainable Green
Committee.They removed some technical aspects that may change later to make it easier
to maintain as a relative bylaw.Additionally it was noted this does not apply to
residential or multi family homes.It was asked how this would be enforced or how
payments would be collected as well as how weather would impact the stations.Mr.
Trendel noted this would be part of Site Plan Review and that there is no requirement for
public accessibility.Ms.Mihajloski added payment would be up to the discretion of the
business owner if it would be pay per charge or free to use.It was noted that Mr.Wronka
had technical difficulties.
b.Rooftop Solar Exemption from Site Plan Requirements
Mr.Gelcich noted this is an amendment to the Rooftop Solar Bylaw.The proposed bylaw
amendment would explicitly call out rooftop solar panels and associated equipment from
the provisions of Site Plan Review.This is currently the interpretation of the Zoning
Enforcement Official,however,this would codify this interpretation for future Zoning
Enforcement Officials (ZEO)and provide clarity to homeowners or others interested in
adding rooftop solar to their building.Mr.DeYoung asked about the process;Mr.Gelcich
noted they would still need a building permit as currently required.
c.Inclusionary Zoning Bylaw
Mr.Gelcich noted that this Bylaw is currently in place.The proposed zoning amendment
would change the threshold for application from each tenth unit to a percentage-based
formula starting at the fifth (net)unit in a development.Additionally,the amendment
would require the affordable units be constructed on-site unless a Special Permit is
granted by the Planning Board to locate the units off-site or make a payment-in-lieu.The
proposed change would also make the provision of affordable units by-right rather than
through a Special Permit process.This proposed change would address the issue of many
subdivisions avoiding the affordable tenth unit.Mr.Gelcich then read through the
applicability,administration and mandatory provisions.He noted with the potential of
MBTA communities,as the current bylaw reads,all would not apply.Currently allowing
for off-site units or payment in lieu is allowed,the amendment would require Special
Permits for options that are not built within the development.
Mr.Trendel noted this serves two purposes;it encourages affordable housing in town and
helps to maintain the 10%affordable housing.Mr.Priefer asked for clarification on the
rates.He asked the amount of the affordability payment in lieu and how much is in the
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Affordable Housing Fund.Mr.Gelcich noted there is a form by DHCD to fill out and it
changes over time based on HOA fees,interest,etc.There is a robust fund and they are
working to get back off the ground;finding ways to use the funds most efficiently.Mr.
Trendel added it is preferable to mix in affordable housing through the community.Mr.
Wronka asked about clarifying the bylaw.The Board noted the reality of the overall
housing market and what developers and neighbors want in the area.It was added that
affordable housing is needed,but not everyone believed this bylaw is the answer.Ms.
Moran noted she doesn't believe the bylaw captures the whole concept.Mr.DeYoung
asked about ZAC's perspective.Ms.Larson-Marlowe noted some changes proposed are
being done for more than just affordable housing,but certain aspects of the bylaw to be
prepared for the MBTA Communities bylaw.ZAC wanted to also address the
affordability issue and noted developments shrinking greatly to not trigger affordability,
and added many opting for payment in lieu.She noted there would still be ways around
this,but to make it more difficult.Mr.DeYoung noted he is in favor of this bylaw and
hopes to move forward with the conversation.Mr.Gelcich noted MBTA Communities is
a law passed by the State requiring towns to zone for a certain amount of units by right.If
towns do not comply,they are ineligible for certain grants and funding.
Mr.Priefer suggested removing section A.Mr.Trendel noted it ensures they will always
be improving where they are.Mr.Trendel noted they could make the numbers tighter.Mr.
Gelcich the section is the trigger to where it applies,instead of fractional units rounded to
the nearest number,to round up to the next whole number.
Mr.Gelcich noted the total housing units off the census figures,still working off 2010
figures as the 2020 has not been released.He noted he is hoping to have a clearer
estimate at the next meeting;but is confident the town is under 14%.Mr.Priefer noted
the Board is aware of the issue of falling below the 10%and asked how homeowners,
voters,developers will react.Ms.Mihajloski added that ZAC discussed that it is possible
if this passes,that developers may make smaller,more energy efficient houses.
Mr.Wronka moved to continue the public hearings regarding Proposed Zoning Bylaw
Amendments (Electric Vehicle Parking,Rooftop Solar Exemption from Site Plan
Requirements,and Inclusionary Zoning Bylaw)to March 20,2023,Mr.Priefer seconded
and the Board voted unanimously in favor through roll call vote 9-0-0.
2.New Public Hearings -Town Meeting Articles -Citizens’Petitions/Proposed Zoning Map
Amendments
a.Zoning Map Change -West Elm Street -From Residence B to Business
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Mary Overholt,representative of the Church,was present and shared a presentation.She
noted the Church is closing and the property will be going up for sale.It was added that
Residence B is the most restrictively zoned.It was suggested that due to wetlands,
potentially the only area to be developed is where the Church currently sits.The lot
would be best used for business as there is accessibility to 495,West Main Street,and
South Street.
Ms.Larson-Marlowe noted she would support the change and agreed it would make
sense.Mr.Priefer asked if they spoke to abutters;Ms.Overholt noted they had not.
Spencer Loveland,26 Lakepoint Way,asked about restrictions regarding the Business
District.
b.Zoning Map Change -Hayward Street/South Street/Pine Grove Lane -From
Residence Lake Front to Rural Business
Peter Bemis,3 Lakeview Path,was present to discuss the citizens petition to change the
zoning of Hayward Street/South Street/Pine Grove Lane from Residence Lake Front to
Rural Business.It was noted the purpose of the proposed change is the current office for
Marguerite Concrete no longer allows for expansion.
Mr.Wronka asked what influence is there to keep the traffic controlled.Mr.Trendel
noted there is no way to ensure,but any project will have to go through Site Plan Review
and would need to comply.Mr.DeYoung asked what types of vehicles and businesses are
allowed in rural business zoning.Mr.Gelcich read through the Rural Business Zoning.
Ms.Larson-Marlowe asked if Pine Grove Lane was built out or would be;it was noted it
has not and would not be built out.She added concern with traffic and that it is a narrow
street leading to a densely populated area.Mr.Trendel added if more than an acre of
disturbance during Site Plan Review,the project would require a Stormwater
Management permit.Mr.Priefer additionally asked if school buses traveled Hayward
Street,it was noted they do.He asked if zoning changes have been brought forth by
citizens'petition in the past thirty years and passed.Mr.Gelcich noted he was not aware,
but would have to look into that for an answer.
Jaime Goncalves,92 Downey Street.First spoke for Lake Maspenock concerns with
watershed and the stream as well.Then as a private citizen,he noted concern with the
increase in traffic.
Terry Dever,19 Hillcrest Dr,stated opposition and noted concern with filling stations,
waste going into streams,and types of vehicles.He noted concern for significant impact.
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Rustem Rafikov,35 Hayward Street stated there were many concerns.
Craig Stanley,25 Hillcrest Drive,noted opposition.
Vikasith Pratty of 33 Hayward Street asked how many workers could be there.He noted
concern for safety and privacy as his home is directly across the street.
Jennifer Riemer,1 Newbury Street,noted concern for the level of traffic as well as the
safety of the large number of children living in the area.
Mr.Trendel reiterated the proposal is for zoning change and a Site Plan Review would
still be required.
Todd Plaskon,53 Hayward Street,echoed other concerns for safety.Additionally
concerned for aesthetics and property values along with vehicle traffic.
Deepak Vokaliga,87 Wood Street,noted concern for safety.
Rajakumar Sankula,5 Frostpane Lane,noted their main concern was the timing of
submission.
Michael Riley,201 West Main Street,believed the change of zoning needs to be a
compelling reason.This opens the door to continue changing more and more of Hayward
Street to Business.And additionally noted concern for runoff into the lake.
Ms.Larson-Marlowe moved to continue the public hearings regarding Citizens’Petitions
Zoning Map Change -West Elm Street from Residence B to Business and Hayward
Street/South Street/Pine Grove Lane from Residence Lake Front to Rural Business to
March 20,2023,Mr.Priefer seconded and the Board voted unanimously in favor through
roll call vote 9-0-0.
3.Continued Public Hearing -253,0 Lumber St.-Earth Removal Permit Application -
NESI Realty LLC
The Applicant requested a continuation to March 20,2023 with a new decision deadline of
March 31,2023.
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Ms.Larson-Marlowe moved to continue the hearing until March 20,2023 and the decision
deadline to March 31,2023,Mr.Priefer seconded and the Board voted unanimously in favor
through roll call vote 9-0-0.
4.Continued Public Hearing -28 Lumber Street -Major Project Site Plan -Hopkinton
Stone and Garden,Inc.
The Applicant requested a continuation to March 20,2023
Ms.Larson-Marlowe moved to continue the hearing until March 20,2023,Mr.Priefer seconded
and the Board voted unanimously in favor through roll call vote 9-0-0.
5.Continued Public Hearing -17,0,0 Wilson Street -Amended Special Permit Application
-Commercial Solar Photovoltaic Installation -GHTJA04 LLC (℅Grasshopper Energy)
Chris Balogh and Rory Walker of Castillo Energy and Ahmed Hafez of Grasshopper Energy
were present.Mr.Balogh presented an updated landscape rendering plan.
Mr.Trendel read through the Decision Criteria.The Board discussed screening for the utility
boxes as well as the mesh.Mr.Trendel asked if there were other options available in the mesh
fence coloring,Mr.Balogh noted they also have green available.Mr.Priefer asked if they had
spoken to abutters regarding the mesh screening.The Board then discussed the proposed
findings.
Tom Shambo,15 Wilson Street,thanked the Applicant as the view is better.He had concern
regarding the boxwoods down on an embankment and not screening much.He noted he sent in
photos of the reclamation area and that deer have eaten quite a bit of the green giants.He asked
the Applicant if they would be willing to use white pine as they are more resistant to deer.
Ed Cutter,21 Wilson Street,asked if all boulders would be removed.Mr.Trendel noted he
believed only the boulders in the buffer zone.
Mr.Trendel recapped the option for some wooden fencing and grasses.Mr.Walker asked for
clarification;removing boxwoods and replacing them with grasses.Mr.Trendel noted the boxes
near the driveway.Instinct would be to retain boxwoods in other areas.Ms.Moran noted tall
perennial grasses would also be attractive where possible.Mr.Trendel also asked if possible to
provide at least reference to the mesh proposed.Mr.Wronka asked for a narrative with reasoning
for plantings.
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Ms.Larson-Marlowe moved to continue the hearing until March 20,2023,Mr.Priefer seconded
and the Board voted unanimously in favor through roll call vote 9-0-0.
6.New Public Hearing -97 East Main St.-Peter Mezitt ℅Weston Nurseries -Minor Site
Plan
Joe Marquedant,J.D.Marquedant and Associates,was present as well as the Applicant,Peter
Mezitt.Mr.Marquedant noted that Weston Nurseries is proposing to construct a barn-style
building to replace a recently demolished office building.The proposed building will provide
office space to Weston Nurseries with approximately eight staff members.The proposed building
will have a ground floor footprint size of 60’x24’and will have a full first floor and a loft style
second floor of reduced size.The total proposed Gross Floor Area of the building is 2,340 square
feet.
Mr.Gelcich read through the Staff reports beginning with his report as Principal Planner and
noted the proposed project is interior to the site and replaces a structure that was previously
located in the immediate vicinity of the proposed structure.The new structure is not anticipated
to impact traffic,stormwater,site access,or parking.And noted no waivers were requested.Mr.
Gelcich also noted the Fire Department and Zoning Enforcement Officer asked the owner to
provide a plan showing the addresses for each of the structures on-site in order to have a clear
understanding of structure locations for emergency access reasons.Thomas Poirier was present
on behalf of the Fire Department.He commented on building numbering with proper addresses
and that access be to code.Mr.Gelcich noted that the Fire Department and Mr.Marquedant will
go over the plans and confirm addresses and access.Mr.Marquedant noted access through a
dedicated gate for emergency access and added he spoke with the Building Inspector and will
submit a formal request for address.
The Board agreed they didn’t feel that a site walk was necessary.Mr.Trendel read through the
decision criteria.Ms.Moran disclosed that while she is nearby,she is outside the abutter zone
and added she can be objective and that she discussed this with Mr.Gelcich.Mr.Trendel read
through the proposed findings and proposed conditions.Scratch condition 1 as no waivers
requested.Mr.Marquedant asked as it is a minor site plan if the construction management plan
would be necessary.Mr.Gelcich noted it is already a disturbed site.Mr.Marquedant noted
limited scope and asked to remove the statement of “and the Construction Management Plan”
from condition number five.Mr.Gelcich proposed the following additional conditions:
●The Applicant shall provide the Principal Planner with confirmation by the Hopkinton
Fire Department as to the adequacy of the proposed emergency access prior to the
issuance of a Building Permit.
●A final plan set shall be submitted prior to the issuance of a Building Permit,which
includes an internal address plan acceptable to the Zoning Enforcement Official and the
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Hopkinton Fire Department,and the emergency access plan as referenced in the above
condition.
Ms.Larson-Marlowe moved that the Board accept and approve the findings as previously read
aloud by the chair,Mr.Priefer seconded and the Board voted unanimously in favor through roll
call vote 9-0-0.
Ms.Larson-Marlowe moved that the Board approve the Major Project Site Plan with the
conditions as they were previously read aloud by the Chair and Principal Planner,Mr.Priefer
seconded and the Board voted unanimously in favor through roll call vote 9-0-0.
Mr.Wronka moved to close the public hearing,Mr.Priefer seconded and the Board voted
unanimously in favor through roll call vote 9-0-0.
7.Administrative Items
a.Minutes of February 27,2023
Ms.Larson-Marlowe moved to approve the minutes of February 27,2023,Mr.Priefer
seconded and the Board voted unanimously in favor through roll call vote 9-0-0.
Mr.Priefer moved to adjourn,Mr.Wronka seconded and the Board voted unanimously in favor
through roll call vote 9-0-0.
Adjourned:11:00 PM
Submitted by:Stephanie Pemberton
Approved:April 24,2023
Documents used at the meeting:
●Planning Board Agenda and Meeting Materials,3/06/2023
●Planning Board Meeting Minutes,draft,February 27,2023
●Citizens Petition -Zoning Change -South St./Hayward St,dated 1/31/23
●Citizens Petition -Zoning Change -West Elm St,dated 1/31/23
●Draft Article -Box Mill Road Street Acceptance,dated 1/18/23
●Draft Article -Foxhollow Road Street Acceptance,dated 1/5/23
●Draft Zoning Article -EV parking Spaces,dated 3/1/23
●Draft Zoning Article -Exemption of Rooftop Solar,dated 3/1/23
●Draft Zoning Article -Inclusionary Zoning,dated 3/1/23
●17,0,0 Wilson Street -Landscape Renderings,dated 03/01/23
●28 Lumber St.-Request for continuation,dated 3/2/23
●97 East Main St.-Pre-Submission Meeting Notes,dated 02/13/23
●97 East Main St.-Architectural Plans,dated 02/14/23
●97 East Main St.-Site Plan Set,dated 02/14/23
●97 East Main St.-Project Narrative,dated 02/14/23
●97 East Main St.-Outdoor Wall Packs,dated 02/14/23
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●97 East Main St.-Site Plan Application,dated 02/14/23
●97 East Main St.-Combined Application,dated 02/14/23
●97 East Main St.-Combined Plans,dated 02/14/23
●97 East Main St.-Email from J.Westerling,dated 02/22/23
●97 East Main St.-Email from C.Kadlik,dated 02/22/23
●97 East Main St.-Email from Chief Miller,dated 02/22/23
●97 East Main St.-Email from A.West,dated 02/28/23
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