HomeMy Public PortalAbout20131118 - Planning Board - Meeting Minutes
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HOPKINTON PLANNING BOARD
Monday, November 18, 2013 7:30 P.M.
Town Hall, 18 Main St., Hopkinton, MA
MINUTES
MEMBERS PRESENT: Ken Weismantel, Chairman, John Ferrari, Deb Thomas, Brian Karp,
Matthew Wade, Dick MacDonald, Claire Wright, Todd Holbrook
MEMBERS ABSENT: John Coutinho
Present: Elaine Lazarus, Director of Land Use, Planning & Permitting; Cobi Wallace, Permitting
Assistant
1. Approval Not Required Plan – 175 Spring St. – Featherstone Realty Trust/Christopher
Torti
Chris Torti, applicant, appeared before the Board and described the plan, which reconfigures two
adjacent parcels to create two building lots with the required frontage and area. Ms. Lazarus
stated the plan appears entitled to endorsement. Ms. Thomas moved to endorse the plan as not
requiring approval under the Subdivision Control Law. Mr. Karp seconded the motion and the
Board voted unanimously in favor.
Document: Plan entitled “Subdivision of Land at 175 Spring Street Hopkinton, Massachusetts” prepared for
Christopher Torti, dated Oct. 04, 2013, prepared by Robert G. Murphy & Assoc., Inc.
2. Administrative Business – Minutes
The Board reviewed the draft Minutes of October 7, 2013. Ms. Wright moved to approve the
Minutes of October 7, 2013 as written. Mr. Karp seconded the motion and the Board voted
unanimously in favor.
Document: Draft Minutes of October 7, 2013
3. Public Hearing – Christian Estates – Open Space and Landscape Preservation
Development (OSLPD) Concept Plan/Special Permit Application – James Pyne
James Pyne, applicant, and David Marquedant, J.D. Marquedant & Assoc., Inc., surveyor,
appeared before the Board. Mr. Marquedant described the submitted plans. He stated the
OSLPD plan has a 1,000 ft. long dead end street, leaving the two existing houses at 181 and 191
Pond St. and creating 3 additional lots in the back. He noted the applicant is asking the Board to
deny the open space concept plan special permit and eventually approve a conventional layout
with the same dead end street serving the same number of lots. He stated the street would be 18
ft. wide and the lots would have private septic systems and Town water. Mr. Marquedant stated
his client would like the Board to consider a conventional layout so that the open space can be
donated to the Commonwealth of Massachusetts rather than the three types of entities allowed
under the OSLPD bylaw. He noted in 1990 the Planning Board approved a conventional
subdivision for this property with a slightly longer cul-de-sac and the same number of lots, but it
was not built and the approval expired.
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Mr. Weismantel noted he and Ms. Lazarus met with the applicant informally before the
application was submitted to determine how this can be achieved with the minimum amount of
expense. Ms. Lazarus stated the state “cluster development” statute sets forth the circumstances
under which OSLPD subdivisions may be approved and lists three options for open space
conveyance, and a donation to the Commonwealth of Massachusetts is not one of them. Mr.
Weismantel noted this is not a typical situation and applicants don’t usually ask the Board for a
denial. Ms. Wright noted it appears the disposition of the open space is a stumbling block, but
the land could be conveyed to one of the approved entities, noting it would create open space
adjacent to the Upton State Forest and create the desired connection with Lake Whitehall.
Mr. Pyne noted Pyne, Sand & Stone Co. purchased the property years ago for gravel mining and
other opportunities and it has always been his intention to donate the back land to the state upon
completion of earth removal activities. He noted state officials were very excited when he
informed them about this intention, and at this point he wants to keep his word. In response to a
question of Ms. Wright, Ms. Lazarus noted the allowed dead end street length is at the discretion
of the Board. Mr. Weismantel noted the road will only have a couple of homes and he is not too
concerned from a public safety standpoint.
Ms. Wright noted the open space parcel will be pretty much landlocked and adequately protected
if conveyed to a conservation entity, while a donation to the State might not offer the same
degree of protection. She asked about the possibility of the property being used for some type of
state facility, and Mr. Marquedant noted that would be unlikely considering the amount of
wetlands. Mr. Weismantel asked if Mr. Pyne has talked to the state about this lately, and Mr.
Pyne replied no. Mr. Weismantel asked for comments from the audience, and there were none.
The Board reviewed potential reasons for denial as listed in Ms. Lazarus’ memo to the Board.
Ms. Thomas moved that the Board find that the special permit criteria under Sec. 210-206 have
not been met and the application does not conform to the specific requirements as listed in Ms.
Lazarus’ memo to the Board, and to deny the application. Mr. MacDonald seconded the motion
and the Board voted unanimously in favor. Mr. Weismantel suggested that the Board allow the
applicant to apply the administrative fee to the next application, and that the applicant should
provide a letter from the state indicating they are willing to accept the donation of land. Mr.
Holbrook moved to waive the administrative fee for a conventional plan submittal if
accompanied by a letter from the state indicating willingness to accept the open space. Mr.
Ferrari seconded the motion and the Board voted unanimously in favor. Mr. Pyne stated Mr.
Marquedant will also be asking for waivers from the Subdivision Rules and Regulations for
roadway construction and drainage. He noted they propose to utilize the existing cart path to the
greatest extent possible. Mr. Weismantel stated the decision on those issues will be driven by the
results of peer review and approval by the Conservation Commission.
Ms. Thomas left the room at this time.
Mr. MacDonald moved to close the public hearing. Mr. Ferrari seconded the motion and the
Board voted unanimously in favor.
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Documents: Plans entitled “Christian Estates O.S.L.P.D. Plan of Land Hopkinton, Massachusetts”
prepared for James G. Pyne, dated June 1, 1989 revised 1/21/13, prepared by J.D. Marquedant &
Associates, Inc.
4. Administrative Business
a) Zoning Advisory Committee (ZAC) – Resignations
It was noted two members of the ZAC have submitted their resignations. Mr. Karp moved to
accept the resignations of Craig Nation and Mario Würzl from the ZAC. Mr. MacDonald
seconded the motion and the Board voted unanimously in favor.
Ms. Thomas returned to the meeting at this time.
b) Invoices
Ms. Thomas moved to authorize payment of invoices in the amount of $2,000.00 for subdivision
inspections of the Hunter’s Ridge subdivision and $1,500.00 for subdivision inspections of the
Highland Park IV subdivision, both submitted by Bayassociates Inc. and to be paid from the 53G
accounts. Ms. Wright seconded the motion and the Board voted unanimously in favor.
Document: Payment Request and Invoices
c) Design Review Board Appointment
It was noted Shawn McGuinness, 8 Summer St., was scheduled to be interviewed tonight for the
Design Review Board (DRB) vacancy for an alternate member but was unable to attend. Mr.
Weismantel noted it would be beneficial to have another architect on the DRB. Ms. Wright
stated she prefers the applicant to be interviewed in person especially since the DRB Chairman is
here tonight for this reason. It was decided to postpone the decision and ask Ms. McGuinness to
reschedule the interview.
d) Liaison Reports
Mr. Ferrari noted the Open Space Preservation Commission is doing well. He referred to the
application for Community Preservation Committee (CPC) funding to acquire the 203 Pond St.
property and stated that at last Thursday’s CPC meeting there was an overwhelming amount of
support from several entities including Sudbury Valley Trustees, neighbors and Town residents.
He noted he did not hear anything against the proposal so they are moving forward with the
application. Mr. Weismantel noted the CPC has received a lot of applications and they will have
to sort through all of them.
e) OSLPD Bylaw - Discussion
Ms. Wright referred to the discussion of the Pyne property earlier in the evening. She noted she
feels the Board’s decision to go along with Mr. Pyne’s proposal is probably ok in that case, but
the Board in general prefers OSLPD plans and requires applicants to follow normal procedure.
She noted she has seen this type of situation before and asked what will prevent an applicant
from intentionally submitting an awful concept plan guaranteed to be denied. She expressed
concern about this process.
f) Future Agenda Items
Solar Farm, Fruit St. Property - Mr. Weismantel noted he would like to schedule the
proposed solar facility on Town-owned Fruit St. property for discussion at a future
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meeting with the proponents and representatives of the Sustainable Green Committee.
He stated a recent engineering study indicates they will only be able to allow 1.5
megawatts as opposed to 4 and the original plan has to be scaled down. He noted the
regulatory climate is uncertain and some of the cost savings incentives have gone away
with no new programs being created.
Downtown Revitalization - Mr. Weismantel noted he would like to talk about downtown
revitalization again. He stated the 25% design plan was submitted to the state and their
reaction to it was unfavorable. He noted the plan essentially only addresses parking and
does not solve traffic problems and does not appear to be going anywhere.
Municipal Parking Lot - Mr. Weismantel noted he would like to invite someone from the
Town Manager’s office and Dept. of Public Works to discuss the parking lot behind
Bill’s Pizza. He noted parking is a big issue especially because of the Library expansion
plans and he does not want the Board to be in a position to have to say “no” because of
parking regulations.
Street Acceptance - Mr. Weismantel stated the Board of Selectmen is currently
entertaining a change in policy with respect to road maintenance and snow plowing. He
noted the Town has been doing this work whether streets are accepted or not, but the
Town Manager is looking at cost savings by no longer plowing private ways. He stated
this discussion, timed just before winter, did not go far in front of the Selectmen. He
stated some roads clearly will remain private, but in some cases, for example
Valleywood, the roads were never accepted after the developer walked away from the
project. He stated other subdivisions, such as Timber Glen and Equus Hill Estates, are
still bonded but the developers have not submitted the necessary paperwork and plans for
road acceptance. Mr. Weismantel noted this issue will be discussed by the ZAC to see if
they can come up with a “pathway to acceptance”. He noted residents are paying taxes
and should expect to have their streets plowed and maintained.
5. Scenic Road Public Hearing – 153 Ash St. – Taniel Bedrosian, Almik Construction –
Joint Hearing with Tree Warden
Joyce Hastings, GLM Engineering, engineer, appeared before the Board on behalf of Taniel
Bedrosian, applicant. Paul Gleason, Tree Warden, joined the Board. Ms. Hastings explained the
request for removal of 20 ft. of stone wall and a 12 in. oak tree at 153 Ash St. in connection with
the construction of a driveway to a new single family house. She stated the lot has 44 ft. of
frontage at the intersection of Ash St. and Old Ash St. She noted they plan to make a 20 ft.
opening in the stone wall for a new driveway and associated grading, and also temporarily open
the wall in another location for a connection to Town sewer. She noted they plan to replace the
stones leaving a 12 ft. driveway opening and use any remaining stones to build up the stone wall.
She explained that grading is needed because of the driveway location, and they want to leave
the natural screening for the benefit of the abutters. She stated the 12 in. oak has to be removed
to provide safe sight distance in either direction at the driveway opening, but no other trees will
be removed within the right of way.
Mr. Weismantel noted the adjacent parcel to the north with 50 ft. frontage is one of the two
access ways into the Elmwood Farms property recently purchased by the Town. He noted they
might end up creating an access driveway/parking area in that 50 ft. stretch but because of site
conditions it might just be a trailhead with parking. Ms. Wright noted the applicant is ultimately
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asking for an 11 or 12 ft. opening, but she does not want to give approval for 20 ft. and be left
with a 20 ft. hole at the conclusion of the project. Mr. Weismantel noted the applicant wants
approval for temporary removal of 20 ft. plus whatever is need for the sewer line. The Board
reviewed the plan and considered the criteria in the scenic road bylaw. Ms. Thomas moved to
approve the scenic road application for 153 Ash St. to allow the permanent removal of 12 ft. of
stone wall for the driveway and a temporary 20 ft. opening plus whatever is required for the
sewer line construction, with the condition that the applicant use any remaining stones to build
up the stone wall along this lot or the adjacent Town property, and approve the removal of the 12
inch oak with the condition that the applicant plant and maintain 2 shade trees on the front of the
lot near the property line subject to the approval of the Tree Warden. Mr. Ferrari seconded the
motion, and the Board voted unanimously in favor. Mr. Gleason noted the tree in question
would most likely not survive anyway as a result of the proposed construction.
The Board voted unanimously to close the public hearing.
Document: Scenic Road plan for 153 Ash Street, prepared by GLM Engineering, Inc. (undated)
6. Legacy Farms - Update
Roy MacDowell, Legacy Farms, appeared before the Board and provided updates on the
following items:
a) East Main Street Road Work
Mr. MacDowell stated they planned to lower the section of East Main St. this fall, but the project
has been delayed because of Verizon. He noted they originally planned to lower 2 utility poles,
but Verizon has now determined they will put in larger poles deeper into the ground which
probably will not happen until spring. He noted the Verizon fiber optic cable also has to be
lowered and it is hoped this will be done over the winter. He referred to the required relocation
of the water line on the south side of the road and noted the DPW has now determined it will not
fit and has to go on private property at 82 East Main St. He noted Legacy Farms purchased this
property from Weston Nurseries and then sold it with a reserved easement, but the Town wants
its own. He noted Town Counsel is drawing up the needed documents and it is hoped all
necessary work will be done in the spring, after the Marathon. Mr. Weismantel stated he is
concerned about the delays for safety reasons and the issue unfortunately has been dragging on
too long, especially when considering the rate of occupancy permit issuance. Mr. Weismantel
stated occupancy permits for the rental units will add up quickly and he feels a performance
guarantee for the East Main St. road improvements is in order because it is part of the Legacy
Farms South subdivision. He asked if the work can be done without lowering the cable, and Mr.
MacDowell stated no and described Verizon’s proposed method and the importance of
uninterrupted service.
b) Other Mitigation Obligations
Mr. MacDowell stated the Vanasse Hangen Brustlin (VHB) traffic analysis has to be submitted
by June, 2014.
c) Private Waste Treatment Plant, 29 Clinton St.
Mr. MacDowell asked the Board for permission to plant the trees around the treatment plant in
April of next year rather than this month for better chance of survival. Mr. Weismantel noted the
Planning Board decision for the treatment plant put a Nov. 15 completion date in the condition
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regarding landscaping. Mr. MacDowell noted it is a minor issue and they probably will not be
using the plant until January, 2014 because of the volume. Mr. Weismantel asked about the
vegetation in the open areas, and asked if they used the meadow mix specified. Mr. MacDowell
stated yes, but it is possible to mow more of it to make it look more like a meadow. Mr.
Weismantel stated the structure looks more like an abandoned barn because it isn’t mowed often,
and Ms. Lazarus stated the type of plantings were chosen for environmental, not just visual
reasons.
Russ Ellsworth, 6 Curtis Rd., stated he asked Ms. Lazarus about this issue about 6 months ago,
and was told that finished landscaping was not due until November. He asked how long the
building has been done, and Mr. MacDowell stated the occupancy permit was issued last week
but the facility is not operating yet. Mr. Weismantel asked about security fencing, and Mr.
MacDowell noted they will install a fence and arborvitae around the generator. Ms. Thomas
moved to amend the site plan approval for 29 Clinton St. by extending the completion date for
landscaping and restoration from November 15, 2013 to May, 2014. Mr. Holbrook seconded the
motion and the Board voted unanimously in favor.
d) Economic Update – Actual Home Sales vs. Projection
Mr. Weismantel asked about the Legacy Farms sales numbers as compared to the matrix in the
Host Community Agreement. Ms. Lazarus referred to the spreadsheet she prepared for the
Board, and noted they won’t really know the exact status until the 2014 assessed values are
available. Chris Barry, 17 Clinton St., asked about the assessed value of the apartments, and Ms.
Lazarus stated it is of the complex as a whole, not individual units. Mr. MacDowell noted the
numbers are basically in line with the projections, although sales prices are a little lower than
anticipated. It was noted that the numbers shown here are based on the sales to date, which is a
small sample. Mr. MacDowell noted so far Pulte is happy with the amount of traffic they get
especially over the weekends and there have been 47 sales so far.
e) Road Condition/Maintenance – Legacy Farms South
Mr. Weismantel noted a couple of traffic signs are missing and this is of concern for a
neighborhood with 100 residents now, and Mr. MacDowell noted the sign was knocked down
and will be replaced. He stated they asked Pulte to fill a few potholes in the road as well as a
section of the sidewalk that was damaged by construction vehicles. He noted they will cover the
leach field with gravel fill material in the next couple of weeks and loam to grade. Mr. Barry
asked about the homes between that area and the pond, and what will happen to the trees. Mr.
MacDowell noted most of the trees are staying, and Mr. Barry asked if there is enough space
because so far Pulte has basically shown a strip mining mentality and apparently no one seems to
care. Mr. Ellsworth stated it appears they have to fight for every bush and every little tree, and
Mr. Barry asked if the Planning Board approved total clearing because there is nothing left. Mr.
MacDowell stated Pulte had to remove a lot of vegetation because of the grading but he will talk
to them. Ms. Lazarus stated the trees in question are supposed to stay, according to the approved
plan. Mr. Ellsworth stated he already talked to Mr. MacDowell about the 2 drainage structures
before the bridge which appear to be filled with silt. Mr. MacDowell noted there is a section of
the road that was damaged last summer and has to be repaved, but he will have the drains
checked. Mr. Weismantel stated he assumes Legacy Farms will be plowing the road, and Mr.
MacDowell replied yes. Mr. MacDowell stated he would like to see the roadway finished and
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accepted by the Town but that probably will take another year. Mr. Ellsworth stated a lot of
Pulte workers park their vehicles on the green space between the road and the sidewalk. Mr.
MacDowell noted he is aware of it and got a complaint from Wood Partners but it turned out it
was their own contractors. Mr. Ellsworth asked where they will park in the winter and Mr.
MacDowell stated it was a temporary situation while Wood Partners paving was occurring, so
the problem will go away. Mr. Barry stated the lighting level at Alta Apartments is outrageous,
and it looks like a supermarket parking lot with extremely bright lights 18 to 20 ft. into the sky.
He invited Board members to go out there at night and see for themselves. Mr. Weismantel
noted he looked at it, and Ms. Lazarus stated she reviewed it as well, and it appears as though the
light does not spill off the site. Mr. MacDowell noted the fixtures are the same as those on the
Town Common although he is not sure about the bulbs. Ms. Lazarus noted the fixtures match
what is specified on the plan but perhaps they can make some adjustments to the illumination.
Ms. Thomas stated she does not want lighting to be offensive.
f) Future Development Projects
Mr. Weismantel asked about future anticipated development, beyond the Hawthorn senior living
facility on East Main St. Mr. MacDowell stated he is looking forward to the Hawthorn project,
and he has some people looking at the north side. He noted the Legacy Farms south side is
making considerable progress, and Pulte will be closing on additional parcels in the near future.
He noted he also wants to come before the Board to discuss changes to the north side
development which currently plans 390 residential units, a mix of simplex, duplex and single
family dwellings and a separate section for commercial/office/R&D. He noted they looked at tax
and traffic impacts and are considering something else for the Legacy Park portion, readjust the
master plan with some type of age restricted residential development, perhaps a Del Webb active
adult community consisting of 300 2-bedroom units. He noted his preliminary review showed
that the results were favorable for this type of alternative with traffic only at one third of the
original projection and double the amount of tax revenue. He noted if this is considered an
appropriate change, it would go through the ZAC, Planning Board, and Board of Selectmen for a
possible town meeting vote in 2014. Mr. Weismantel stated it might be a hard sell and the
affordable aspect is also a big issue. Mr. MacDowell noted they currently have 240 affordable
units and 10% of any additional residential units would have to be affordable, which might help
the Town with respect to Ch. 40B. Mr. Weismantel stated he does not think it will.
g) Construction site management
Mr. Weismantel stated they have to do a better job in terms of construction management during
the Legacy Farms north phase, including dust control. He noted hopefully the Board learned a
lesson from the problems experienced on the south side, and will spend more time to make sure
the development fits into the site. He noted in retrospect preservation of mature trees should also
have been reviewed more carefully, but at least trees were saved at the Wood Partners
development. He noted one of the problems was the magnitude of simultaneous construction
projects, in this case both Pulte and Wood Partners. Mr. MacDowell stated he remembers the
problems from last summer and perhaps things will be better once construction is past the Curtis
Rd. area with work further away from the neighbors. Mr. Weismantel stated the Board will
probably address construction management with conditions, divide development in smaller
chunks and develop more carefully. Mr. MacDowell noted he agrees simultaneous projects
contributed to the problems but they should no longer encounter ledge conditions. Mr.
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Weismantel noted the Legacy Farms South site was planned all at once, and perhaps it would
have been better if it had been broken up even though it is good to see the full picture. Mr.
MacDowell stated they will keep that in mind for the north side development. Mr. Ellsworth
noted they would like to see more attention paid by the Board and other Town Hall officials, and
with more oversight the construction problems could have been avoided or at least lessened. He
stated there still are violations of working hours, which are reported but by the time the police
arrive the workers are no longer in violation. Mr. MacDowell stated there is a lot of oversight by
Planning Board members as well as the Building Dept. and he suggested fining the violators.
Reference was made to delivery people trying to use Curtis Rd. for access, and it was agreed that
this could stop with better signage. Mr. Barry asked about Legacy Farms signage and
promotional flags, and Mr. MacDowell stated they should be taken down at night but he will
check on this issue tomorrow. Mavis O’Leary, 11 Curtis Rd., stated there is still a problem with
dust in the neighborhood and sometimes one can see a dust cloud near the gravel area all the way
from Clinton St. Mr. MacDowell stated he will address the issue.
h) Request for Amendment to Master Plan Special Permit (MPSP), modification to Condition
#44 regarding the Athletic Field Parcel on East Main St.
Mr. MacDowell stated he was asked by the Town Manager and Town Counsel to issue a Request
for Proposals (RFP) for the East Main St. athletic parcel for a hockey rink or some other
recreational use. He noted the document was approved and will go out tomorrow. He noted he
thinks the RFP stipulates a 1/20/2014 response deadline and the need for a change to Condition
#44 depends on the responses. Mr. Weismantel stated he believes that up to now they only
talked about a hockey rink, and Mr. MacDowell noted the RPF was pretty much drafted by Mr.
Khumalo and Mr. Miyares. Mr. Weismantel noted the Demons might no longer be interested,
and Mr. MacDowell stated the organization is looking elsewhere but has not ruled out this site
yet. Ms. Thomas asked who is issuing the RFP, and Mr. MacDowell noted Legacy Farms is,
subject to approval of the Town and he believes it will be public after tomorrow.
Joe Markey, 39 Ash St., stated it appears they are talking about a document that people have not
yet seen, and the Town should be careful. Ms. Wright noted the Board did not sign up for a
commercial athletic facility, and it appears the agreement has morphed over time. She noted in
the beginning the municipal parcel was not intended as a piece of land to sell off for a
commercial athletic facility, rather to meet the Town’s recreational needs. Mr. Weismantel
stated the Demons facility sounds like a good fit, but this is a different story. Ms. Thomas noted
Legacy Farms is issuing the RFP under the direction of the Board of Selectmen and asked why it
should make a difference whether it is the Demons or some other organization. Mr. MacDowell
noted the RFP is specific but at the same time vague enough to solicit all kinds of proposals. Mr.
Holbrook stated the Board of Selectmen can make the decision, and Mr. Weismantel noted the
Planning Board has control over Condition #44. Mr. MacDowell noted they will need a special
permit for the use from the Planning Board no matter which entity is chosen. Mr. Markey noted
he was on the Planning Board during the Legacy Farms approval process, and they were proud
of finding the right mix including land to set aside for fields. He noted the Board master planned
for fields, is the holder of Condition #44, and the process is now complicated because of the
hockey rink. He stated he feels it was foolish to proceed to a RFP in violation of MPSP
Condition #44 inviting proposals nobody can respond to. Mr. Weismantel noted the Planning
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Board was ok with a hockey rink, but it appears the Town missed the boat after almost 3 years of
negotiating, and now Legacy Farms is running out of time with respect to Condition #44.
Mr. MacDowell stated he feels the issue will be simplified if no responses are received by the
deadline, and if there is some interest, the Town can decide on a best vs. worst case scenario.
Ms. Thomas noted a hockey rink will not necessarily preclude fields, and Mr. MacDowell stated
the rink and associated parking and access road will fill out the site, considering existing site
conditions. Mr. Weismantel noted a previous Parks & Recreation Commission plan showed a
multitude of uses, which was unrealistic and would have to rely on the generosity of the
Conservation Commission. Mr. Markey stated the current Planning Board agreed with the
concept of a hockey rink on this parcel, but the initial Legacy Farms Master plan idea was to
create a quiet buffer with playing fields for use by Legacy Farms and Town residents. Ms.
Wright noted the land was initially labeled as the athletic parcel, and although surveys later
showed a shift in priorities from fields to a variety of athletic facilities, the change from an
athletic use to a commercial venture would be a huge difference.
Mr. Weismantel asked when the 180th occupancy permit will be issued, and Ms. Lazarus noted it
could be soon, so it is important to address this issue as soon as possible. Mr. MacDowell stated
Legacy Farms would have preferred playing fields, but has no control over this situation. He
asked the Board to modify condition #44 and allow them to finish grading and seeding the land
by September 30, 2014. Ms. Thomas stated she does not believe the Demons are a non-profit
entity, and wants to be sure everyone understands that. Mr. MacDowell noted the Town has the
final say, and whatever goes there will be subject to a PILOT agreement and taxes. Ms. Lazarus
noted perhaps Town Counsel can assist with a proposed amendment to the condition, and
suggested the Board vote on a short term measure for now. The Board considered a new number
to replace “180” in Condition #44. The Board determined the request for the amendment is
minor and does not require a public hearing. A motion was made to amend Condition #44 by
deleting the number “180” and inserting the number “220”. The motion was seconded and the
Board voted unanimously in favor. The Board scheduled the issue on the agenda for the next
meeting for further discussion. Mr. Ellsworth asked about the number of school children who
live in Legacy Farms at this time, and Ms. Lazarus stated she does not know.
Adjourned 9:45 P.M.
Submitted by Cobi Wallace, Permitting Assistant
Approved: January 27, 2014
Documents:
Legacy Farms Mitigation Obligations – November 14, 2013
Legacy Farms HCA Matrix as amended vs. Projected Assessed Value
Third Amendment to HCA (undated) with letter dated 10/1/2013 from Legacy Farms LLC c/o Baystone
Development LLC to Hopkinton Board of Selectmen, re: Recreational Facility, 45 East Main St., Legacy
Farms, Hopkinton, MA; Draft Language “Amend Condition 44” (undated)
Agenda for November 18, 2013 Planning Board meeting
Memo to Planning Board from Elaine Lazarus, Director of Land Use, Planning & Permitting, dated November
14, 2013, re: Items on Agenda, November 18, 2013