HomeMy Public PortalAbout20210208 - Planning Board - Meeting MinutesHopkinton Planning Board
Monday, February 8, 2021 7:00 P.M.
REMOTE MEETING
Minutes
Members Present:Robert Benson (Vice chair), Fran DeYoung, Deborah Fein-Brug, Muriel
Kramer, Mary Larson-Marlowe, David Paul
Members Absent:Gary Trendel (Chair), Jane Moran,Sundar Sivaraman
Present:John Gelcich, Principal Planner; Stephanie Pemberton, administrative assistant; Phil
Paradis, BETA Group
_____________________________________________________________________
Mr. Benson called the meeting to order at 7:02 PM
Mr. Benson 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. Benson 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. Benson 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. Benson 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.
1. Administrative Items
a. Performance Guarantee Estimate and Form K Lot Release Request - Whisper
Way
A site walk was performed to assess where trees would be best planted. Mr. Gelcich
shared the updated BETA estimate. It was discussed that there was room for nineteen
street trees, around detention basin fourteen arborvitae and nine rhododendrons for
adequate screening. Mr. Paul noted that Mr. DeYoung,Ms. Moran, both Craig & Chris
Nation as well as Scott Ritter, landscape architect from BETA, were also present at the
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site walk and noted there was a good discussion and compromise. Chris Nation,
applicant, noted he was happy everyone was on the same page for the best possible
outcome.
Ms. Kramer moved to approve the Performance Guarantee of $98,235 as represented by
the BETA estimate, Mr. DeYoung seconded and the Board voted unanimously in favor
through roll call vote 6-0-0.
Ms. Kramer moved to grant the Form K Lot Release for Lot 8 (6 Whisper Way), Lot 9 (4
Whisper Way), and Lot 10 (2 Whisper Way), amended to add once the bond has been
secured by the Town before signing the Form K, Mr.Paul seconded and the Board voted
unanimously in favor through roll call vote 6-0-0.
Mr. DeYoung asked for clarification. Mr. Gelcich noted that it is better to have the bond
in hand before signing the Form K. Mr. Paul asked about the requirement for curbing as it
states granite, but usually the Board asks for asphalt to be used. Mr. Nation noted asphalt,
Cape Cod berm, and granite would be used as subdivision requires granite in the entrance
and asphalt and Cape Cod berm for the remainder. He also noted the asphalt currently
exists, while the granite is still pending.
b. Minutes of December 21, 2020; January 4, 2021
Ms. Kramer moved to approve the draft minutes of December 21, 2020 with corrections
by Ms. Larson-Marlowe and Ms. Kramer, Mr. DeYoung seconded and the Board voted
unanimously in favor through roll call vote 6-0-0.
Ms. Kramer moved to approve the draft minutes of January 4, 2021 with corrections by
Ms. Larson-Marlowe, Mr. DeYoung seconded and the Board voted unanimously in favor
through roll call vote 6-0-0.
2. New Public Hearing - Proposed Changes to Administrative Rules of the Planning Board
& Submission Requirements and Procedures (OSMUD, NMU,Site Plan Review,
Stormwater, Earth Removal, Garden Apartments, Village Housing, Flexible Community
Development).
Mr. Gelcich noted these are additional regulations that should be changed to be in line with the
recently updated procedures. It was noted that special permit updates are at the state level and
have been updated to three years, this administrative rule update is to be inline with that.
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Ms. Kramer moved to accept the proposed changes to Administrative Rules of the Planning
Board & Submission Requirements and Procedures (OSMUD, NMU, Site Plan Review,
Stormwater, Earth Removal, Garden Apartments, Village Housing, Flexible Community
Development), Ms. Fein-Brug seconded.
Ms. Larson-Marlowe asked for discussion and Mr. Paul asked for an overall process. Mr. Gelcich
noted that some were exclusive to unique special permits only. In the past it was determined they
needed their own application manual as it's not in the bylaw, to remain consistent. Essentially
they are directions on how to apply for and how the process works. Mr. DeYoung asked Mr.
Gelcich in regards to language added. It was noted the language was used for the pre-submission
changes and copied to the rules for consistency. Mr.Gelcich noted that these are per the Planning
Board and how they conduct their business, they are not zoning changes so they do not have to
go through Town Meeting.
On the motion to accept the proposed changes to Administrative Rules of the Planning Board &
Submission Requirements and Procedures (OSMUD, NMU,Site Plan Review, Stormwater,
Earth Removal, Garden Apartments, Village Housing,Flexible Community Development), the
Board voted unanimously in favor through roll call vote 6-0-0.
3. New Public Hearing - 229 Hayden Rowe (Cornell’s Irish Pub) - Minor Project Site Plan
Review - Ellen Scanlon
Mr. Benson noted the proposed development is the modification of the parking area to allow for
additional outdoor seating at the restaurant. The seating is currently in place temporarily, in
response to the COVID-19 pandemic, allowing for customers to patronize the restaurant without
going inside; however, the Applicant is looking to make this a permanent change. The Applicant
was not present for the hearing.
Mr. Gelcich noted the proposed outdoor addition would comply with the Site Plan standards as it
is minimal in nature and would not adversely affect the required parking.
Mr. Gelcich suggested a condition requiring bollards or other barriers to be placed in a way that
ensures the safety of all patrons of the outdoor seating area should be included and the Board
could also condition a limit of tables.
Mr. Gelcich noted that the Applicant had not appeared before the Design Review Board as is
customary for Site Plan applications. He noted that the Board could opt to condition the approval
on the recommendations of the Design Review Board (DRB), if it so chose and that the next
DRB meeting is scheduled for February 16, 2021.
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The Board believed the applicant should go before DRB as is customary. Mr. Benson noted the
smaller outdoor area had been in existence for quite some time, but proposing about an 80
percent addition. Mr. Paul asked if DRB would review noise concerns. Mr. Gelcich noted DRB
would be concerned with the design of the fencing;however, if the Planning Board was
concerned about the potential noise the Board could discuss that. Ms. Larson-Marlowe noted tall
solid fencing should abate noise concerns. Ms. Kramer noted it is not zoned for live
entertainment. The Board agreed with the importance of knowing the type of fencing proposed.
Mr. Paul noted adding the condition of approval of fencing to reduce visual and noise. Mr.
Gelcich noted DRB doesn’t approve but gives recommendations.Mr. Gelcich suggested the
Board continue the hearing until DRB reviews then come back before the Planning Board.
Ms. Kramer noted adding a discussion of lighting,if it were open at night, it could be an issue for
neighbors. The Board asked about the number of tables allowed as well as allowed number of
occupants per the facilities available. Mr. Gelcich noted that aside from parking spaces, the
number of tables would not be in the purview of the Planning Board. Ms. Larson-Marlowe also
noted that the concerns had been addressed per the Board of Health memorandum. Mr. DeYoung
asked, in regards to parking, if the perimeter spots are lined and what distance was used for the
parking spaces. Mr. Gelcich noted that with gravel parking it is difficult, but the Zoning
Enforcement Officer could inspect. He also noted there is a plan showing the parking. He noted
he had hoped the Applicant could have presented but was unavailable. Mr. Benson asked if it
was appropriate to defer the hearing until the Applicant is available. Mr. Gelcich noted ultimately
that is up to the Board. Mr. Gelcich did note concern as it is a minor site plan and is required to
be rendered within sixty days and has a hard deadline of March 12, 2021.
Ms. Fein-Brug noted the parking lot can be muddy,but not sure if it has been improved, could
require drainage plan to know if outdoor seating is above grade and dry and asked if it could
change the type of site plan modification. Mr. Gelcich noted it wouldn’t change it to a major site
plan, but could be required and would get something to answer the question per the information
provided to date. Mr. DeYoung asked if this would be three-season or four-season with heaters.
Mr. Benson noted during Covid-19 pandemic yes, but post Covid-19 pandemic unsure if patrons
will still want to eat outside. It was noted per the minor site plan review the Application showed
intent to install white pvc 6 foot high fencing to match the existing fencing and to install bollards
in front.
Mr. Gelcich suggested adding the following two conditions:
1.Bollards or another barrier system shall be installed in conformance with generally
accepted design standards for the parking spaces that abut the proposed addition. The
Applicant shall coordinate with the Police and Fire Departments to ensure these barrier
systems are installed appropriately.
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2.The applicant shall install a vinyl privacy fence, at least six feet in height, to surround the
proposed outdoor seating area in order to mitigate noise and visual impacts of the
proposed addition.
Mr. Benson noted that to his knowledge that in the short term they still have their outdoor
seating, and don't see a negative impact by asking the applicant to go before DRB. Mr. Paul was
concerned that by continuing the hearing the Board might overthink the application. Mr. Benson
noted a little prudence is good as long as it doesn’t impede. Mr. Gelcich noted concern that DRB
may not have additional details to review, but not suggesting they don’t go before them.
There were multiple unanswered concerns from the Board.They discussed each and asked Mr.
Gelcich to reach out to them in order to be prepared for the next hearing. The following
recommendations were made, in addition to appearing before DRB:
1.Drainage
2.Noise
3.Bollards
4.Parking space width
5.Fencing
6.Lighting
7.Covering of the patio area
Ms. Kramer moved to continue to March 1, 2021, Ms.Fein-Brug seconded and the Board voted
unanimously in favor through roll call vote 6-0-0.
Ms. Kramer moved to adjourn, Mr. DeYoung seconded and the Board voted unanimously in
favor through roll call vote 6-0-0.
Adjourned: 8:36 PM
Submitted by: Stephanie Pemberton
Approved: March 15, 2021
Documents used at the meeting:
●Agenda and Meeting Materials for Planning Board meeting,February 8, 2021
●Application and Plans for 229 Hayden Rowe, Minor Project Site Plan Review, dated 01/12/21
●229 Hayden Rowe, First Floor Plan, dated 10/16/20
●229 Hayden Rowe, Parking Lot As-Built Plan, dated 08/12/20
●Planning Board Draft Minutes of December 21, 2020
●Planning Board Draft Minutes of January 4, 2021
●Whisper Way, BETA estimate revised, 2/1/21
The files may be found online in the public shared folder on Google Drive
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