HomeMy Public PortalAbout20210329 - Planning Board - Meeting MinutesHopkinton Planning Board
Monday, March 29, 2021 7:00 P.M.
REMOTE MEETING
Minutes
Members Present:Gary Trendel (Chair), Fran DeYoung,Deborah Fein-Brug, Muriel Kramer,
Mary Larson-Marlowe, David Paul, Jane Moran
Members Absent:Robert Benson (Vice chair), Sundar Sivaraman
Present:John Gelcich, Principal Planner; Stephanie Pemberton, administrative assistant; Phil
Paradis, BETA Group
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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, Ms. Pemberton,and Mr. Paradis, 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.
Ms. Kramer moved to open the public hearing, Mr. DeYoung seconded and the Board voted
unanimously in favor through roll call vote 7-0-0.
1. Administrative Items
a. Discussion re: Revised Stormwater Management and Erosion Control Bylaw
Mr. Trendel and Mr. Gelcich noted no updates or comments had been received from the
public. John Westerling, DPW, noted there were no updates and are ready to move
forward if there are no other comments.
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Mr. DeYoung noted the revisions seem pretty straightforward. Mr. Westerling noted it is a
requirement of the MS-4 permit and will pass and keep in compliance. He asked if the
Board could vote their support. Mr. Westerling noted it’s not a big change and brought in
a consultant and Town Counsel to make sure the Bylaw was in compliance.
Ms. Kramer moved to recommend approval of the Revised Stormwater Management and
Erosion Control Bylaw as written in the packet, Ms.Fein-Brug seconded and the Board
voted unanimously in favor through roll call vote 7-0-0.
b. Change to Pesticides, Herbicides, and Synthetic Fertilizers Section of Solar Bylaw
Amendment from Town Counsel
Ms. Larson-Marlowe suggested utilizing the second recommendation per Town Counsel.
Ms. Kramer asked about the time frame, Mr. Gelcich noted it can be worded up until the
Town Meeting. The Board asked for more clarification with Town Counsel before
moving forward and understanding the severability.It was suggested that taking it out as
a requirement, but adding it in as a condition.
The Board decided to take no action at the time and ask for clarification from Town
Counsel then come back to the Board.
c. Input on Future Agenda Topics
Mr. Trendel asked for updates from sub-committees and the Growth Study Committee on
the meeting scheduled for April 12, 2021. Mr. Paul noted the Trails Committee is putting
together a presentation and would like to be added to the agenda in a month or so. Mr.
Trendel noted he was inclined to not meet on May 3,2021 if it can be avoided.
Ms. Kramer noted a strong process from the ZAC and highlighted their process and how
the public can interact. Ms. Larson-Marlowe noted that Morrie Gasser gave a
presentation regarding OSLPD’s that was enlightening and if appropriate would
recommend it for the Planning Board should time allow it. Mr. Trendel noted adding the
HALT overview presentation to the meeting on April 12, 2021 if available, and to plan an
update from the Trails Committee for the May 17, 2021 meeting. Ms. Moran suggested
an update from Upper Charles Trail also to see a parallel of the committees at the May
17, 2021 meeting.
2. Continued Public Hearing - Wilson Street/Cedar Street - Proposed Amendment to Solar
Special Permit and Stormwater Management Permit -GHTJA 4 LLC Proposed changes to
the layout of the internal access road, stormwater basin, and solar panel row density.
Ahmed Hafez, Grasshopper Solar; Chris King, Atlantic Design Engineers; and Mitch Mislanka,
Goddard Consulting were present for the hearing.
Mr. King updated the Board on the Stormwater and stated he sent a construction schedule and
updated plans with updates taken from BETA and Conservation Commission. Mr. Paradis noted
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there was a technical meeting held with discussion on limited grubbing and grading. Stormwater
Management was adequately designed should the vegetation not take as designed. Also
discussed adding additives for some situations in Phase 1 that may provide some stability. Phase
2 additive and matting, Phase 3 would be stone requirements for erosion control, Phase 4 the
poly erosion control. Mr. Paradis noted a larger toolbox available to utilize should it be needed.
He noted that it is to be monitored on a biweekly basis going forward and more if there is a
stormy season. It was also noted to work closely with the biologist on site and the contractor in
order to be stabilized properly.
Mr. DeYoung to the applicant, thanked for the multiple plans and asked if they have had to
utilize any of the contingency plans previously. Mr.Hafez noted they have not had to utilize the
contingency plans, always had the opposite problem with too much growth. Mr. Mislanka noted
they have been used before, not necessarily with solar but with steep grades. Mr. DeYoung noted
that with the number of contingency plans he feels comfortable moving forward. Ms. Moran
asked how they handle the invasive species. Mr. Mislanka noted that he will be going and
removing the invasive species during his monitoring.Mr. Paul stated he didn’t think it was good
to have the panels so close and didn’t support it.
No waivers were requested as confirmed by Mr. Hafez.
Mr. Trendel read through the decision criteria for Article XXXI, Commercial Solar Photovoltaic
Installations and Chapter 172, Stormwater Management and Erosion Control.
Ms. Fein-Brug stated concern with regards to the Native American ceremonial sites. Mr. Trendel
noted that is not part of the amendments requested.He also pointed out condition 2.9.2.1. Stated
that all conditions set forth in the previously approved Special Permit dated April 11, 2019 shall
remain in effect unless otherwise modified by this decision. Mr. Hafez noted they have been in
contact with the Tribal representatives and have walked the site as well as received the
construction dates and plans.
Mr. Trendel then read through the proposed conditions.Mr. Gelcich did note to amend condition
2.9.2.3 that the dates shall read March 23, 2021.
Ms. Fein-Brug noted concern with the sufficiency of the original condition on the Native
American Artifacts. Mr. Gelcich shared an email received from Cora Pierce, Principal Field
Investigator of the Narragansett Indian Tribe Historic Preservation Office, dated 3/01/21. Mr.
King noted the subject before the Board and that the stones memorialized have been taken into
consideration along with additional. He also noted the open line of communication with the
Tribes.
Mr. DeYoung moved that the Board finds that the proposed activities, as presented, require an
amended Stormwater Management Permit, as they are significant relative to the proposed
stormwater system, that the proposed activities are shown to comply with the performance
standards as set forth in the Stormwater Regulations,and that the proposed activities are shown
to meet the Stormwater Management Standards of the Massachusetts Stormwater Management
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Policy, Ms. Moran seconded and the Board voted in favor through roll call vote 6-1-0 (Mr. Paul
was opposed).
Mr. DeYoung moved that the Board finds that the proposed amendments to the previously
approved commercial solar photovoltaic installation conforms to the provisions of Article XXXI;
that the proposed commercial solar photovoltaic installation will not be detrimental to the
neighborhood or the Town; and that the environmental features of the site and surrounding areas
are protected, and specifically surrounding areas will be protected from the proposed use by
provision of adequate surface water drainage, Ms.Moran seconded and the Board voted in favor
through roll call vote 6-1-0 (Mr. Paul was opposed).
Mr. DeYoung moved that the Board grant an amendment to the previously approved Stormwater
Management Permit, as set forth in Chapter 172 of the General Bylaws and subject to the
conditions that were previously read aloud by the Chair, Ms. Moran seconded. Discussion by Mr.
Gelcich that condition 2.9.2.3 shall read October 9, 2018 and 2.9.2.2 was not needed for the
Stormwater Management Permit.
Mr. Trendel amended the motion with the following conditions:
●2.9.2.1. All conditions set forth in the previously approved Special Permit dated April 11,
2019 shall remain in effect unless otherwise modified by this decision.
●2.9.2.3. The Applicant shall stabilize the areas under the array in conformance with the
Array Footprint Management Plan, dated October 9,2018. The Principal Planner shall
serve as the Planning Board’s representative as it relates to the Array Footprint
Management Plan, dated October 9, 2018. The Applicant shall implement the
Contingency Plan as detailed in this document when determined to be necessary by the
Director of Municipal Inspections.
Mr. DeYoung accepted the amendments to the motion and Ms. Moran seconded. On the amended
motion the Board voted in favor through roll call vote 6-1-0 (Mr. Paul was opposed).
Mr. DeYoung moved that the Board grant an amendment to the previously approved Special
Permit under Article XXXI of the Zoning Bylaws and subject to the following conditions:
●2.9.2.1. All conditions set forth in the previously approved Special Permit dated April 11,
2019 shall remain in effect unless otherwise modified by this decision.
●2.9.2.2. The Applicant shall provide the Planning Board a revised landscaping plan
showing the location of the species of plantings 6 prior to issuance of a Certificate of
Occupancy. The Planning Board shall review this plan for appropriateness of screening.
If the Planning Board determines that the proposed design is insufficient to adequately
screen the array from neighboring properties, the Board may require the Applicant to
redesign the screening areas with the number and type of species as set forth in the
approved plans or the Board may require additional plantings to render the proposed
design adequate.
●2.9.2.3. The Applicant shall stabilize the areas under the array in conformance with the
Array Footprint Management Plan, dated March 23, 2021.The Principal Planner shall
serve as the Planning Board’s representative as it relates to the Array Footprint
Management Plan, dated March 23, 2021. The Applicant shall implement the
Contingency Plan as detailed in this document when determined to be necessary by the
Director of Municipal Inspections.
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Ms. Moran seconded and the Board voted in favor through roll call vote 6-1-0 (Mr. Paul was
opposed).
Ms. Kramer moved to close the public hearing, Ms.Moran seconded and the Board voted
unanimously in favor through roll call vote 7-0-0.
Ms. Kramer moved to adjourn the meeting, Ms. Fein-Brug seconded and the Board voted
unanimously in favor through roll call vote 7-0-0.
Adjourned: 8:11 PM
Submitted by: Stephanie Pemberton
Approved:April 12, 2021
Documents used at the meeting:
●Agenda and Meeting Materials for Planning Board meeting,March 29, 2021
●Stormwater Bylaw Changes - Letter from Town Counsel,dated 03/10/21
●Planning Board letter (Solar) (2021 ATM), dated 03/24/21
●Wilson Street/Cedar Street, Email from C. King re:Stormwater, dated 03/15/21
●Wilson Street/Cedar Street, Construction Sequence Document, dated 03/22/21
●Wilson Street/Cedar Street, Array Footprint Management Plan, dated 03/23/21
●Wilson Street/Cedar Street, Peer Review Letter from BETA, dated 03/23/21
●Wilson Street/Cedar Street, Email from Cora-Dorothy Pierce, dated 3/01/21
●Planning Board Letter (Solar) (2021 ATM), Miyares Harrington, dated 3/24/21
The files may be found online in the public shared folder on Google Drive
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