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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 _____________________________________________________________________ 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. 1 210-75.3.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 2 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 3 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 4 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 5 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 6