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Home My Public Portal About20210201 - Planning Board - Meeting MinutesHopkinton Planning Board Monday, February 1, 2021 6:00 P.M. REMOTE MEETING Minutes Members Present:Gary Trendel (Chair), Robert Benson (Vice chair), Fran DeYoung, Deborah Fein-Brug, Muriel Kramer, Mary Larson-Marlowe, Jane Moran, Sundar Sivaraman Members Absent:David Paul Present:John Gelcich, Principal Planner; Stephanie Pemberton, administrative assistant _____________________________________________________________________ Mr. Trendel called the meeting to order at 6:01 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. 1. Administrative Items a. Vote to add or remove zoning articles to Town Meeting Warrant i. Establish new article for Tree Protection Bylaw Ms. Larson-Marlowe noted that if added, the ZAC will work on this over the next month with wording followed by a public hearing by the Planning Board with discussion on how to move forward. Ms. Moran noted concern with time constraints. Ms. Fein-Brug asked if there would be a placeholder regarding whether it would be for both the permitted and non-permitted.Mr. Gelcich noted he and Ms. Lazarus, Assistant Town Manager, discussed this the previous week 1 and noted it would be best to put forth two versions, and seemed to agree that moving forward with a permitting option would be the best route rather than a general prohibition. Mr. Trendel noted there doesn’t need to be a high level of detail at tonight’s meeting. Ms. Fein-Brug asked where it would be located in the warrant and where the placeholder would be put. Mr.Gelcich believed the article can be moved where it would best fit. He also noted if the Board has a strong opinion on which way to go it would be helpful for the ZAC. Ms. Larson-Marlowe noted there is a tree General Bylaw at this point. It was asked for context on how this came about. Ms. Larson-Marlowe noted that tree protection is a topic that has been brought up to the ZAC on multiple occasions, but hadn’t risen to a high concern. In examining the solar bylaw,the major issues were to accomplish screening of view of solar structures and to minimize destruction of tree cover and woodlands. It was noted that it was limited to a screening protection in the solar bylaw and would need a separate bylaw for all types of development otherwise there would be no protection against clear cutting. Mr. Trendel noted that Town Counsel was involved in this concept and in writing the initial draft and that there are a number of towns that have this. He noted there is quite a bit to work through and the ZAC has agreed to take on this project. Ms. Kramer wondered if the Board should consider adding a placeholder for both a zoning and a bylaw change so both options are available.Mr. Sivaraman asked if they would achieve different outcomes between the two options. Mr. Trendel noted it should be able to accomplish the same through either and the major detail is how it is approved and where it lies. Mr. Gelcich noted a zoning bylaw would be enforced by the Zoning Enforcement Officer and with a general bylaw the Board would have to specify who enforces it. Ms. Kramer noted that zoning is sturdier and more enforceable and gives the town more enforceable control. Mr. Benson noted that when it comes to Town Meeting and the vote, conceptually people don’t want to be told what to do with their land, but seem to be okay with a general protection of natural resources. Mr. Sivaraman moved to establish a new article with the purpose of tree protection as a general bylaw, Ms. Kramer seconded.Mr. Trendel offered a friendly amendment to the motion with more clarity.Mr. Benson moved to establish a new general bylaw for the purpose to protect the health, safety and property of the residents of the Town of Hopkinton by regulating tree, vegetation and other clearing activities associated with land development and preserving existing trees and vegetation, preventing erosion and sedimentation of inland and ponds and other waterbodies, controlling stormwater runoff, minimizing fragmentation of wildlife habitat and loss of vegetation.Ms. Fein-Brug seconded and the Board voted unanimously in favor through roll call vote 8-0-0. 2 Mr. Benson moved to establish a new zoning bylaw for the purpose to protect the health, safety and property of the residents of the Town of Hopkinton by regulating tree, vegetation and other clearing activities associated with land development and preserving existing trees and vegetation,preventing erosion and sedimentation of inland and ponds and other waterbodies,controlling stormwater runoff, minimizing fragmentation of wildlife habitat and loss of vegetation. Ms. Fein-Brug seconded 7-1-0 (Ms. Moran was opposed). Gail Ryan, 66 Theresa Road, stated appreciation for the consideration of this article. ii. Amend Article XXXI, Commercial Solar Photovoltaic Installations to establish Commercial Solar Photovoltaic Installation Overlay District. Mr. Trendel noted he would like to remove this as he is uncomfortable with this as it may undercut the Board’s objectives with the bylaw changes. Noted if they successfully move forward a screening and tree bylaw it would address the concerns with the commercial solar installations.He then asked the Board if they want to remove it for a cleaner warrant or to add it to the warrant. Mr. Benson would like to leave it on the warrant as it makes sense to continue the discussion, as the Board and public would like to discuss. Mr. Trendel noted due to timing, the map would have to be as it stands as there is not enough time to change it and notice all abutters. Ms. Kramer noted appreciation of the ZAC and the Town Counsel for their time. She is hesitant to take it off as she wants the public to have the ability to give their feedback on the array of options available, not dedicated to it staying on, but open to having the conversation. Mr. DeYoung noted the public is looking forward to conversation as well as showing perspective. Benefit in the short and long term to keep it on. Ms. Moran agreed with Mr. Trendel that both options would confuse the public and appreciated ZAC for all their hard work. Mr. Trendel moved to remove the article from the Town Meeting warrant, Ms. Kramer seconded. Dana Hall, 62 Theresa Road, noted when first introduced this evening there were only “ifs” presented and would be uncomfortable taking it off. Mr. Trendel noted there have been many conversations on the best way to put it forward and the ZAC has recommended an alternative path. 3 On the motion to remove the article from the Town Meeting warrant, the motion failed 2-6-0 (Mr. Benson, Ms. Kramer, Ms. Fein-Brug,Ms. Larson-Marlowe, Mr. Sivaraman, and Mr. DeYoung were opposed) Mr. Benson moved to adjourn, Ms. Fein-Brug seconded and the Board voted unanimously in favor through roll call vote 8-0-0. Adjourned: 6:53 PM Submitted by: Stephanie Pemberton Approved:March 1, 2021 Documents used at the meeting: ●Agenda and Meeting Materials for Planning Board meeting,February 1, 2021 ●Draft tree preservation Bylaw Non-Permit Version -01/19/21 ●Draft tree preservation Bylaw Special Permit Version - 01/19/21 ●Tree Bylaw Research - Ted Barker-Hook - 02/01/21 The files may be found online in the public shared folder on Google Drive 4