HomeMy Public PortalAbout20210412 - Planning Board - Meeting MinutesHopkinton Planning Board
Monday, April 12, 2021 7:00 P.M.
REMOTE MEETING
Minutes
Members Present:Gary Trendel (Chair), Robert Benson (Vice chair), Fran DeYoung, Deborah
Fein-Brug, Muriel Kramer, Mary Larson-Marlowe, David Paul, Jane Moran, Sundar Sivaraman
Members Absent:
Present:John Gelcich, Principal Planner; Stephanie Pemberton, administrative assistant
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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 Governor
Baker ’s Executive Order of March 12, 2020, due to the current State of Emergency in the
Commonwealth due to the outbreak of the COVID-19 virus.He noted that in order to mitigate
the transmission of the virus, the Board is complying with the Executive Order that suspends the
requirement of the Open Meeting Law to have all meetings in a publicly accessible physical
location. He stated that the Executive Order allows public bodies to meet entirely 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. He noted that for this meeting the Board is convening by video conference via Zoom
App as posted on the Town’s web meeting calendar and the Board’s agenda identifying how the
public may join. He stated that the meeting may also be broadcast by HCAM. He noted that the
meeting is being recorded and attendees are participating by video conference. Mr. Trendel stated
that all supporting materials that have been provided to the Board are available on the Town
website via the web meeting calendar, unless otherwise noted.
Mr. Benson moved to open the public hearing, Mr. DeYoung seconded and the Board voted
unanimously in favor through roll call vote 9-0-0.
1. New Public Hearing - Proposed Zoning Bylaw Amendment - Citizens Petition - Amend
Art. XIII, Garden Apartments in Residential Districts,Sec. 210-74.B.(11), and Art. XIIIA,
Village Housing in Residential Districts, Sec. 210-75.3.B.(11)
Tom Garabedian came before the Board to ask for the Board’s recommendation at Town Meeting
in regards to a Citizens Petition to amend Art. XIII,Garden Apartments in Residential Districts,
Sec. 210-74.B.(11), and Art. XIIIA, Village Housing in Residential Districts, Sec.
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210-75.3.B.(11) and asks that the Town provide rubbish removal services for equity and fairness
for all tax paying residents.
Mr. Gelcich noted his comments remained the same as last year, that the petition appeared to be
written in a way that would compel the Town to provide rubbish removal. The DPW expressed
concern that other developments may ask the same in the future and the cost it would put on the
Town. They also noted that the Town could then choose to not collect and all residents would be
required to supply their own removal. Mr. Garabedian noted it would be approximately $6,000
for the eighteen units. He noted their intent is not to compel the Town, but to put on the same
footing as the rest of the town.
The Board discussed their concerns that it could potentially open the door for all developments
with similar situations. Mr. Trendel did note that this proposal was specific to garden apartments
and village housing in residential districts. It was also noted that there was not enough known
information such as cost implications.
Ms. Larson-Marlowe reminded the Board that the ZAC looked into this and their understanding
was the bylaws were set in order to give a leeway for developers for how they built their roads.
Most developments don’t have appropriate access for curbside trash pick up. She noted in
general when they were built it went into the association agreement for those purchasing. She
also noted this proposal would only affect future developments, should this go into effect. Mr.
Garabedian noted that all developments are picked up by someone. He asked if it would be better
placed as a general bylaw. Mr. Trendel asked if he was aware of other garden style apartments
that utilize a dumpster. Mr. Garabedian noted he did not research others.
Ms. Kramer asked if changes to the language can be changed as it's a citizen petition. Mr.
Benson noted that as it reads, it would not solve existing problems, but would be a bylaw change
that would only affect new developments which would not accomplish the goal of this Citizen’s
Petition. Mr. Trendel noted the Board would be voting on the current proposal in front of them.
Mr. Sivaraman added that per his understanding, the final decision would be up to the DPW.
Mr. Paul moved to recommend approval at Town Meeting to amend Art. XIII, Garden
Apartments in Residential Districts, Sec. 210-74.B.(11),and Art. XIIIA, Village Housing in
Residential Districts, Sec. 210-75.3.B.(11), Mr. Sivaraman seconded and the motion failed 1-8-0
(Mr. Trendel, Mr. Benson, Mr. Paul, Ms. Kramer, Ms.Fein-Brug, Ms. Moran, Ms.
Larson-Marlowe, and Mr. DeYoung were opposed).
Mr. Benson moved to close the public hearing, Mr.DeYoung seconded.
Ms. Fein-Brug noted it’s an important function and that moving forward having potential cost
and ramifications ahead of time would be helpful.Mr. Garabedian noted he would speak with
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Town Counsel how to best proceed. On the motion to close the public hearing the Board voted
unanimously in favor through roll call vote 9-0-0.
2. Administrative Items
a. Changes to pesticides, herbicides, synthetic fertilizers section of Solar Bylaw
Mr. Trendel noted that based on the last meeting the Board wanted additional information
from the Town Counsel. Mr. Gelcich reached out and received their response. The write
up from Town Counsel stated that the State has exclusive authority and would be
superseded by the State. If submitted it is likely to be struck out by the Attorney General.
Ms. Larson-Marlowe recommended leaving the wording as is, despite Town Counsel’s
recommendation, and noted in general, would rather have it there in the long run.
Mr. Benson moved to leave the Solar Bylaw changes as written and previously voted on,
Mr. Sivaraman seconded and the Board voted unanimously in favor through roll call vote
9-0-0.
b. Discussion of Presentation Strategy related to Annual Town Meeting for the Two
Solar Articles
Mr. Trendel noted that there will be no presentations this year, however handouts will be
given to all attendees as well as available online.He noted they will provide an overview
of both articles. He noted his preference to push for Article 35 as it strengthens the stance
on screening. Mr. Paul noted that both are important and can co-exist. Mr. Benson noted
the moderator may give opportunity to give an overview of both, but as for discussion,
debate and vote those will be seperate. Ms. Kramer noted both deserve the same
treatment, and that representation should be equal for all Planning Board supported
articles. Ms. Larson-Marlowe noted they can co-exist or stand alone, giving the Town the
opportunity to choose one, both, or none.
c. Subcommittee Updates:
● Zoning Advisory Committee
Ms. Larson-Marlowe updated the Board. Reviewing the Subdivision Rules and
Regulations, with two additions in terms of recommendations for developers to
recommend in-home fire suppression and also preparing stone wall guidelines
essentially as a handout for Scenic Road Permits and interested citizens to
preserve stone walls on their property that don’t fall into scenic road. She also
noted they are looking at OSLPD approaching relations to what they can do to be
more attractive to developers to utilize as opposed to traditional subdivisions. It
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was also noted that later in the year bring back addressing tree protection bylaw
for the 2022 Annual Town Meeting.
Ms. Kramer noted she would be delighted to see ZAC look at natural resource
protection zoning as an attractive feature is a by-right development as long as it
meets rights of bylaw.
● HALT
Morrie Gasser presented, on behalf of HALT as President,in regards to OSLPD
Bylaw aspects and suggested changes. Their goal is to make Open Space more
attractive to its users and to provide Open Space for use by the public, trails and
passive recreation and to make it easier to manage the Open Space.
They like large contiguous space with plenty of room for trails that are farther
from yards, bordering Open Space, trailheads, trail connectivity. Some negatives
noted are narrow strips of land are difficult to add trails and not attractive.
Mr. Trendel noted the 100’ buffer can provide trail access or to access roads.
Mr. DeYoung asked for suggestions to mitigate encroachment.
Mr. Gasser noted some suggestions to improve the bylaw:
Eliminate the 100’ buffer requirement, Not include strips under 100’ wide in
Open Space calculation, suggested sliding scale for strips of land 100-300’,
practical public trail access, require 80% of Open Space to be contiguous unless
isolated portions abut existing Open Space, eliminate minimum lot size and
frontage, eliminate encroachment risks by requiring 30’ no-disturb “natural
vegetative buffer” inside lots along Open Space boundary,require 25% of parcel
to be contiguous upland, require well-marked boundaries.
Mr. Benson noted concern with higher density housing.Ms. Kramer appreciated
the specificity and attention to detail. Mr. DeYoung asked how often to meet with
developers before coming before the Board, Mr. Gasser noted generally it is
reactive.
● Affordable Housing Subcommittee
Ms. Kramer noted they had worked their way through the goals and priorities in
concert with the affordable housing taskforce. It was noted they are still finding
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the best way to move forward. It was also noted they would be interested in the
possibility to purchase a piece of property and encourage affordable housing.
Mr. Trendel asked if they would try to incorporate some smaller or more
attainable houses. It was noted they would like to strengthen the incentive to build
smaller houses and provide affordable housing instead of payment in lieu. Ms.
Kramer also noted it might need to be input earlier in the hearing process. Ms.
Moran asked about taking a single family looking home in a development and
turning it into a multi-family affordable housing.Ms. Moran also noted other
towns have taken run-down/older houses, utilized trade schools and turned them
into affordable housing.
Charles Dauchy, 25 Sanctuary Lane, noted in a previous town he lived they
initiated where the town used CPA funds to essentially buy restrictions on a home
then sold at an affordable price to a qualified buyer with restrictions regarding
future sales and the homes were dispersed throughout the town. He noted he
would get information on the program and pass it along to Ms. Kramer.
● Open Space and Recreation Plan Update Subcommittee
Mr. DeYoung noted not much progress had been made.He asked about near and
far term goals for the plan update. Mr. Gelcich noted it is a regimented type plan
and the document presented is laid out in the workbook with schedule and task
list.
● Pedestrian Connectivity Subcommittee
Mr. Trendel updated that there has been progress and they decided to change the
group name to move away from trails and sidewalks,but improvements to
pedestrian connectivity. They also identified some items of importance:
●Establish priority: Build better pedestrian connectivity from West
Hopkinton to Downtown.
●Expand sidewalk survey now that more people are out and about
●Spoke with the Conway School to possibly partner with the
primary means to improve access
Mr. Trendel asked the Board about cancelling the May 3rd meeting with the upcoming Town
Meeting and Know Your Vote on eHop. The Board was in favor of this.
d. Minutes of March 1, 2021; March 15, 2021; March 29, 2021
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Mr. DeYoung moved to approve the draft minutes of March 1, 2021 with corrections by
Ms. Kramer, Ms. Kramer seconded and the Board voted unanimously in favor through
roll call vote 9-0-0.
Mr. Benson moved to approve the draft minutes of March 15, 2021 with corrections by
Ms. Kramer, Mr. DeYoung seconded and the Board voted unanimously in favor through
roll call vote 9-0-0.
Mr. Benson moved to approve the draft minutes of March 29, 2021 as written, Mr.
Sivaraman seconded and the Board voted unanimously in favor through roll call vote
9-0-0.
Mr. Sivaraman moved to adjourn the meeting, Mr. Benson seconded and the Board voted
unanimously in favor through roll call vote 9-0-0.
Adjourned: 9:27 PM
Submitted by: Stephanie Pemberton
Approved:May 17, 2021
Documents used at the meeting:
●Agenda and Meeting Materials for Planning Board meeting,April 12, 2021
●ATM 2021 zoning articles summary v2 - 4/12/2021
●ATM 2021 solar bylaw handouts v2 - 4/12/2021
●OSLPD Bylaw Presentation - HALT - 4/07/2021
●Planing Board Minutes of March 1, 2021, draft
●Planing Board Minutes of March 15, 2021, draft
●Planing Board Minutes of March 29, 2021, draft
●Solar Bylaw Changes FAQ-ATM2021 v2 - 4/12/2021
●Town Meeting Article - Town Counsel Letter - Rubbish Collection - 4/09/2021
●Town Meeting Article - Rubbish Collection in GARD and VHRD - Redline - 4/09/2021
●2020-02-03 Citizens Petition - Tom Garabedan - 3/11/2020
The files may be found online in the public shared folder on Google Drive
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