HomeMy Public PortalAbout20120312 - Planning Board - Meeting Minutes
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HOPKINTON PLANNING BOARD
Monday, March 12, 2012 7:30 P.M.
Hopkinton Middle School, 88 Hayden Rowe St., Hopkinton, MA
MINUTES
MEMBERS PRESENT: Ken Weismantel, Chairman, John Coutinho, Vice Chairman, Deb
Thomas, Mark Abate, Carol DeVeuve, Claire Wright, Christian Ollenborger
MEMBERS ABSENT: Dick MacDonald, Brian Karp
Present: Elaine Lazarus, Director of Land Use, Planning & Permitting
Cobi Wallace, Permitting Assistant
Mr. Weismantel opened the meeting and summarized the agenda.
1. Approval-Not-Required Plan – 306 West Main Street – Miller Street Farm LLC
The meeting was not attended by the applicant or a representative. Ms. Lazarus explained the
application to divide the property into 2 lots, one of which is noted as not a buildable lot. Ms.
Thomas moved to endorse the plan as not requiring approval under the Subdivision Control Law,
Mr. Coutinho seconded the motion, and the Board voted unanimously in favor.
Documents: Application Form A and Plan for 306 West Main Street entitled “Plan of Land located in Hopkinton,
Massachusetts for Miller Street Farm LLC” dated Feb. 17, 2012 prepared by United Consultants Inc.
2. Approval-Not-Required Plan – 1 Fairview Path – Malcolm Campbell
Peter Bemis, Engineering Design Consultants, engineer, appeared before the Board. He noted
the plan was previously endorsed by the Board in November 2011, was then filed with Land
Court which requested a number of notation changes. It was moved, seconded and unanimously
voted to waive the filing fee. Ms. Thomas moved to endorse the plan as not requiring approval
under the Subdivision Control Law, Mr. Coutinho seconded the motion, and the Board voted
unanimously in favor.
Documents: Application Form A and Plan entitled for 1 Fairview Path entitled “Being a Subdivision of Lot 7 as
shown on Land Court Plan 37366C – Plan of Land in Hopkinton, MA” dated October 25, 2011 revised Mar. 6,
2012, prepared by Engineering Design Consultants
Mr. Weismantel stepped off the Board at this time.
3. Williams Way Extension – Ed Palmer
Ed Palmer appeared before the Board. He explained that Williams Way was created as part of a
family subdivision approved in the early 1990’s creating 3 lots which included the lot at 150 Ash
Street with the original house. He noted he is asking for feedback to see if the Board would
consider approving an extension of the existing cul-de-sac for additional building lots. He
presented copies of the original Palmer Woods subdivision plan marked up to show two different
scenarios that would create either 2 or 3 more lots. He noted if the Board is not in favor of
extending the road he could potentially pursue a through road to Chestnut Street as an
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alternative. Mr. Coutinho stated this concerns a very long, narrow, unpaved dead end street. Mr.
Palmer stated there is a utility easement on the property and the road was not paved at the request
of the Alconquin Gas Co. In response to a question, Ms. Lazarus noted that the Subdivision
Rules and Regulations limit the maximum length of a dead end street to 500 ft., and it was noted
that Mr. Palmer’s proposal would add another 400-500 ft. Mr. Palmer explained he ended up
with the bigger lot because he had started a small agricultural business, but would now like to
further subdivide the parcel for his 3 children. Mr. Coutinho stated he feels this would create a
potentially dangerous situation in terms of emergency access on a narrow road that is already
430 ft. longer than what the Board would normally consider in an approval of a dead end road.
Mr. Palmer stated he would be willing to pave the road and make it wider. Ms. DeVeuve stated
she thinks that because of the current length of the road, any further subdivision would require
another means of egress. She noted the Board would also be setting a precedent if it approved
this type of layout, which it tries to avoid. She noted the subdivision was approved because an
exceptional circumstance existed at the time, but that would be eliminated if the road is
extended. Mr. Coutinho stated a through road to Chestnut St. would be better. Ms. Wright
stated she concurs with Mr. Coutinho and it appears the Board in the past already waived the
normal subdivision requirements because of an exceptional circumstance. She stated she
believes the Board’s decisions are based on good judgment and sound reasoning and sometimes
there is a gift of open space to the Town or something like that in exchange for a waiver. She
noted the Town at the time set the limit at 3 lots and she would not like people to think that
everything can be amended eventually. Mr. Palmer stated he might be able to convince two
homeowners on Chestnut Street to work with him on another plan, and they have a shared
driveway already.
Documents: Copies of plan entitled “Grading Plan “Palmer Woods” A Subdivision Plan in Hopkinton, Mass.”,
dated November 17, 1989, revised 1/24/90, prepared by Ronald R. Turchi (unsigned), marked up (1) showing 2
additional lots, and (2) showing 3 additional lots
Mr. Weismantel returned to the Board at this time.
4. Legacy Farms Road South – Modification of Approved Definitive Subdivision Plan –
Proposed Relocation of Stormwater Basin
Steve DeCoursey, Bohler Engineering, engineer, appeared before the Board. He stated there has
been a request to relocate bioretention basin #4 in the approved Legacy Farms Road South
definitive subdivision plan. He explained the proposed change, which was triggered when
preparing the site layout for Pulte Homes of New England, the developer for the remaining part
of Legacy Farms South. He noted that Vanasse Hangen Brustlin (VHB) looked at the technical
data, went out in the field and did some testing. He noted the basin would be shifted about 150
ft. to the east, reducing the impact on the 50 ft. wetlands buffer zone, and everything now is
outside of the 100 ft. buffer zone except for a little grading.
Ms. Wright stated the approved basin is shaped more like a natural landform than the proposed
basin is. She noted she understands it is a tight fit but asked if there is a way a natural landform
design can be achieved in the new location. Mr. DeCoursey stated he doesn’t see why not. He
noted the proposed change was submitted to Fay, Spofford & Thorndike (FST) for review, and
their only comment was a request to add a swale. Ms. Wright stated the new basin looks very
engineered compared to the one that was approved. Mr. Weismantel asked what needs to be
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done procedurally in view of a potential further change to the design, and Ms. Lazarus stated if
redesigned there would need to be a revised plan.
Mr. Coutinho moved to approve the proposed relocation of bioretention basin #4 as shown on the
definitive subdivision plan for Legacy Farms Road South with the condition that it be further
modified to look more like a natural landform, pending FST and Conservation Commission
approval. Ms. Thomas seconded the motion and the Board voted unanimously in favor.
Documents:
Site Plan – Legacy Farms (South) – Proposed Bioretention Basin #4 Modification, dated 2/14/2012, prepared by
Bohler Engineering
Letter from David Glenn, FST, to Ken Weismantel, Chairman, Planning Board, dated 3/7/12 re: Legacy Farms
Road South Stormwater Management System Bioretention Basin #4
5. Public Hearing – Legacy Farms Private Wastewater Treatment Facility – Site Plan
Review – 29 Clinton Street – Legacy Farms LLC
Roy MacDowell and Steven Zieff, Legacy Farms LLC, developer, and Rich Hollworth, VHB,
engineer, appeared before the Board. Mr. Weismantel referred to the outline of the items for the
public hearing that had been developed.
Mr. Zieff described the proposal for the Legacy Farms Private Wastewater Treatment Facility
(PWTF) to be located at 29 Clinton St. He noted the PWTF has been planned in this location
from the very beginning of the project. He noted the plant will service the entire Legacy Farms
development and is part of the Town’s comprehensive wastewater management plan. He noted a
number of offsite locations will be able to tie in as well, pursuant to the Host Community
Agreement (HCA) and will be identified as they come forward. He provided background
information and some history on the proposal. He stated the Conservation Commission issued
an Order of Area Delineation which has now been extended to 1/6/2013. He referred to
documentation contained in the MEPA filing and DEP permitting process, noting that it was
always identified as the best location for a treatment plant.
Mr. Zieff noted there will ultimately be two pump stations associated with the facility. He noted
the DEP issued the groundwater discharge permit in August of 2011, which allows them to build
the facility in two phases. He stated it would start with 150,000 gallons per day and have
capacity for up to 290,000 gallons per day, but the exterior appearance of the building will not
change as the facility moves into the second phase.
Mr. Zieff stated a while ago they had provided a sketch of a 6,000 sq. ft. building, but they were
able to shrink it to about 3,100 sq. ft. He noted the goal is to provide an efficient working place
and with today’s technology the facility will be a very friendly and neighborly type of use.
Mr. Zieff described the site plan, which has been revised to show additional trees along Clinton
Street as recommended by the Design Review Board (DRB) at its meeting on March 6. He noted
the area behind the building will look like a terrace and once up and running, the facility will be
self-sufficient and able to handle up to 290,000 gallons of wastewater without any issues. He
noted the facility uses quiet and energy efficient General Electric equipment and will produce
near drinking quality water as a byproduct. He noted Legacy Farms went through a rigorous
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effort with DEP and AECOM. He stated tax assessment impacts were discussed with Bob
Bushway, Principal Assessor, and they estimate the value of land and building will be more than
$1,000,000 once the facility is completed. Mr. Zieff stated he reached out to the neighbors
including Chris Barry, 17 Clinton St., who is here tonight.
Ms. Lazarus noted the plan being presented tonight incorporates the DRB recommendations
made at their meeting on March 6. Following the hearing outline, the Board reviewed the
various aspects of the site plan proposal. Ms. Lazarus noted that the proposal complies with the
provisions of the OSMUD zoning bylaw. Mr. Weismantel referred to the development plans,
and Ms. Lazarus stated the Restricted Land will count toward the project as a whole and the
PWTF is not a typical Development Project because no residential or commercial uses are
proposed.
Mr. Weismantel referred to the Water Resources Protection Overlay District regulations with
respect to the OSMUD, and Ms. Lazarus stated there should not be any issue because any
chemicals used will be stored above ground, indoors and in containers, and Mr. Zieff stated that
is the case. There were questions about the type and volume of chemicals, and Mr. Zieff they are
talking about a fairly low tech operation and relatively small quantities and one of the products
on site is just sugar.
Mr. Weismantel stated this is believed to be a private treatment plant and he wants the applicant
to acknowledge that he will not come before town meeting in the future on behalf of 940 new
Legacy Farms residents and ask the Town to take this facility over. Mr. Zieff stated this issue
has been covered by Town Counsel.
Mr. Barry stated the project is supposed to be revenue positive and he assumes the property will
be fully assessed. Mr. MacDowell stated he is confident the project will be revenue positive, and
Mr. Zieff stated the result will be over and above what was taken into consideration by the
Town’s consultant.
Mr. Weismantel referred to traffic. He noted he believes traffic associated with the proposal will
be limited to that generated by two part-time employees and a septic truck once a week and it
appears no further studies will be required in this respect. Mr. Zieff stated he met with the
Building Inspector prior to site plan submission, and this building will only house equipment and
electronics and will not be occupied except for the staffing required by DEP.
Mr. Barry stated he would like to request that material removal only take place during regular
business hours at start up, because he does not want to deal with it in the middle of the night, and
Mr. Weismantel stated this could be a potential condition of approval. Mr. Abate asked about
the connection of the infrastructure to the north side of Legacy Farms and its impact on Rt. 135
traffic. Mr. Zieff stated they will address it when submitting the definitive subdivision plan for
Legacy Farms Road North, but it has been discussed on a preliminary basis with the Director of
Public Works and the Town’s safety officials. He noted they will need to detour traffic to a
certain degree at that point for a short period of time. Mr. MacDowell stated they should be able
to handle construction by switching between lanes, and disruption should be limited to about 2 or
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3 days. Mr. Hollworth stated it will be part of the overall traffic improvements including some
widening.
Mr. Weismantel referred to comments received from FST regarding the proposed PWTF site
layout, including the potential for a waiver of driveway width. Mr. Hollworth stated the
proposed layout is appropriate and they did not want to overdesign a site that compares to a
single family house. He noted FST recommended some changes in the circulation pattern for
easier maneuvering, but a 12 ft. width would be typical for a driveway and they propose 16 ft.
He noted they could reinforce the edges of the driveway if necessary but the objective was to
keep the footprint as small as possible. He noted there is one handicapped accessible parking
space.
Mr. Abate asked about fire safety, and Mr. Zieff stated there is a 12 in. water main in the street
and there will be no flammable chemicals on site. Mr. Weismantel asked about the access way
to the “methanol room” shown on the plan. Mr. Zieff stated they are not proposing to use
methanol and want to utilize sugar instead, but under DEP regulations they are required to have a
methanol room even though they do not anticipate using it. Mr. Hollworth stated they will look
into this issue.
Mavis O’Leary, 11 Curtis Rd., asked about access for emergency vehicles and whether there is
enough room for them to turn around. Mr. MacDowell stated 16 ft. should be wide enough and
could even accommodate a tractor trailer truck and if necessary they can drive over the grass.
Mr. Weismantel asked for a rough estimate of the setback distance, and it was determined the
building is 110 ft. from the street line.
Mr. Weismantel referred to comments received from the Conservation Commission. Ms.
Lazarus explained that the Tata & Howard plan reviewed by the Commission with the NOI filing
showed grading for the leaching beds in the vicinity of the buffer zone and the Commission
pointed out that the beds on the site plan submitted to the Planning Board are in a slightly
different location although the reference to the Tata & Howard plan is correct.
Mr. Weismantel asked about dumpster screening, and it was determined there will be no
dumpster.
Ms. Wright stated the DRB talked about lighting and a street number display for safety reasons,
and they approved the plan as submitted with the request for additional trees. Mr. Barry asked
about the height of the building, and Mr. Zieff stated the building will be 32 ft. high at the ridge
and the side walls are 16 ft. Mr. MacDowell stated it will look like a barn. Mr. Barry asked
about the color scheme, and Mr. Zieff noted it will be as shown on the plans. Mr. Weismantel
asked whether there will be floodlights at the back of the building, and Mr. Zieff stated he does
not think it is necessary. Mr. Weismantel noted they have them on the Fruit St. plant and it could
be necessary if something occurs at night. He asked about landscaping and street trees, and Mr.
Zieff noted the plan was revised incorporating changes recommended by the DRB.
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It was noted the facility will have a backup generator as indicated on the site plan. Mr.
Weismantel asked about the status with NSTAR, and Mr. Zieff stated they have not formalized
the work order yet and are waiting on design engineering.
Mr. Barry stated the existing street trees have been neglected for quite a while and he would like
to see them cleaned up. Mr. MacDowell stated they will let the trees mature and the crowns will
fill in over time. It was noted there are about 6 proposed trees spread over a distance of 400 ft.
Mr. Weismantel asked what is required under the Subdivision Rules and Regulations, and Ms.
Lazarus stated 1 tree every 40 ft. Mr. MacDowell stated they want this area to look special,
because coming out on Clinton St. from Legacy Farms Road South it will be the first thing one
will see, however, he is not opposed to adding more trees if needed. Ms. Lazarus stated it is
important to preserve some of the open feel that is there now.
Russ Ellsworth, 6 Curtis Rd., asked how far the trees will be off the street, and it was noted they
will be about 20 ft. back, which will keep them away from the power lines and avoid problems
due to road salt.
Mr. Weismantel asked about fencing around the underground tank area in the back. Mr. Barry
asked what it will look like, and it was noted the area will look like a concrete patio with hatches
with keyed access. Mr. Zieff noted they can either install a fence or use temporary safety rails
when the hatches are to be opened, but a final decision will be made when the building is up.
Mr. Zieff stated he prefers not to have the area fenced. A discussion followed regarding
approaches used in other wastewater treatment facilities, and Mr. Weismantel noted the fencing
used on Fruit St. might be overkill in this location. Mr. Weismantel asked about access to
equipment control, and Mr. Zieff stated it will be either inside the building or via a panel on the
back of the building. Ms. Wright asked about lighting in the back of the building for the
convenience of the operators and suggested a light activated by a motion detector, and Mr.
Weismantel noted it would be good to install a light. Mr. Weismantel stated he does not have a
problem with overall fencing because a removable temporary rail probably won’t work out.
Mr. Weismantel referred to the groundwater mounding issue and asked Dave Glenn, Fay,
Spofford & Thorndike, to comment. Mr. Glenn stated the analysis prepared by FST and
submitted to the Board was prepared by William Beyer who is not here tonight. He noted he
would have to refer any further questions to Mr. Beyer because he did not prepare the report
himself. Mr. Weismantel referred to Mr. Barry’s property, and Mr. Barry noted he has a private
well but at this point he is more concerned about the impact of the Pulte Homes development in
terms of the detention pond and swale. He asked about changes to the topography of the site as a
result of this development. Mr. Zieff stated the grade of the barn area will be raised up for
constructability reasons, the rest of the site will stay the same except for the very edge of the
leaching area furthest to the east, and the basic elevations of the beds will have a natural look.
Mr. Zieff stated the mounding analysis was based on full utilization of 290,000 gallons a day as
allowed under the discharge permit and there will be a significant number of monitoring wells.
Mr. Barry asked about the size of the beds, and it was noted the small ones measure 200 x 100 ft.
and the larger ones are 300 x 100 ft. Mr. Zieff referred to the Legacy Farms Open Space Plan of
April 2008 on the wall of Rm. 211 in Town Hall and stated that some of the leaching areas are
more like “drip” irrigation areas. Mr. Weismantel asked about their functionality during winter
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conditions when the ground is frozen and Mr. Zieff stated the systems work fine from experience
in New York, Pennsylvania and New Jersey. Mr. Weismantel asked whether the drip irrigation
methods could be used for agricultural applications, and Mr. MacDowell stated yes and Weston
Nurseries has expressed an interest. Mr. Weismantel asked if there are backup recharge areas,
and Mr. Zieff replied yes, as required by DEP.
Mr. Abate referred to maintenance and monitoring activities and asked if there are safeguards to
ensure that the plant does not end up being the Town’s responsibility. Mr. Zieff stated this
application concerns a private treatment plant as opposed to a public facility and the differences
are significant. He noted if the Town’s system fails, repairs become the responsibility of
everyone, but in the case of a private facility DEP requires that money is set aside up front as an
insurance fund and additional money is added every year by the homeowners. He noted it will
be like a not-for-profit corporation to be in place forever. Ms. Wright asked about the drip
irrigation system and if the infrastructure could potentially be damaged by animals chewing or
biting through them. Mr. Zieff stated it will be inert material with a long service life, and Mr.
MacDowell stated the pipes are perforated already anyway and it would just be an additional
hole in the worst case scenario.
Clare Prue, 10 Clinton St., asked about the DEP discharge permit and the potential re-use of gray
water. Mr. Zieff stated they cannot use gray water but secondary and tertiary treated drinking
water quality is ok. Mr. Barry asked how big the pipes are to the leaching field, and it was noted
they typically are 4 to 6 in. in diameter. Mr. Barry asked where on Weston Nurseries they will
use this water, and Mr. Zieff stated Weston Nurseries has mentioned containers, but it would
require an amendment to the plan.
Mr. Weismantel asked about generator noise, and noted it could be the subject of a potential
approval condition. Mr. McDowell stated the generator has a soundproof housing and will be
screened, but runs quietly. Mr. Zieff stated they plan to fully comply with State noise
regulations. He stated they have to run the generator periodically but it will be done when it
won’t bother anyone. In response to a question of Ms. Wright, Mr. MacDowell noted the
generator should be able to keep the facility running for a couple of days in case of an outage.
Mr. Weismantel referred to a potential condition to address odor problems, and reference was
made to additional comments received from FST by email today. Ms. Wright stated FST’s email
talks about property boundaries in terms of odor control. Mr. Zieff stated there is a protocol for
odor control with additional conditions, log index, and an OEM manual to be approved by DEP.
Mr. Weismantel stated they want to make sure the Restricted Land is not affected by foul odors
because it is intended for people to use for recreation. It was noted they have taken out 0.2 acres
from the Restricted Land as per the revised plan distributed tonight. Reference was made to
restoration efforts, and Mr. MacDowell stated that once the leaching fields are in and the
building is up and running, it is intended to restore the back land by re-grading and seeding with
a meadow mix. He noted eventually the landowners association will take over stewardship and
pay for maintenance like mowing and whatever else is necessary, including maybe clearing the
trail. The Board discussed removal of a small existing building on the site. Mr. Weismantel
asked about the maintenance schedule and Mr. Zieff noted responsibility will probably be turned
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over the homeowners in the fall of 2013.
Mr. Weismantel referred to the stormwater management design. Mr. Glenn stated they reviewed
several submissions and issued a report a few days ago but there are some outstanding issues,
such as water quality, but everything else has been addressed. Mr. Hollworth referred to Mr.
Glenn’s comments and stated there is some ambiguity in this case about pre-treatment water
quality. He noted they can address Mr. Glenn’s concerns if needed but their approach is better in
terms of LID goals. Mr. Glenn asked the applicant to submit the applicable DEP document to
satisfy FST’s concerns. Mr. Weismantel stated it could be a condition of approval. Mr. Abate
stated stormwater management usually is a big issue and he is not sure if this is something the
Board normally would condition. Mr. Zieff stated that in the odd event they cannot provide the
documentation, he would like to be able to amend the plan before a certificate of compliance is
issued, and Mr. Weismantel stated it seems reasonable and should be written in a condition. Mr.
Abate asked if this is an appropriate approach, and Ms. Lazarus stated yes. Mr. Zieff clarified
that this is about the basin close to the parking area.
Mr. Weismantel asked about the construction and operation schedule. Mr. Zieff stated they have
to mobilize the site and are waiting for permanent power from NSTAR, but hope to be able to
start excavating next week assuming the application is approved tonight. He noted he has talked
to the Building Inspector/Zoning Enforcement Officer. It was noted that subject to Town and
DEP approvals the first drop of wastewater could be generated in the fall.
Ann McCobb, 4 Clinton St., asked about Clinton St. residents’ ability to hook up. Mr. Zieff
stated Legacy Farms is anticipating this to happen.
Ms. O’Leary asked about solar power applications for this project and stated this seems to be an
appropriate place. Mr. Zieff stated they are only using conventional methods, but the
development approach is mostly related to LID. Mr. MacDowell stated maybe homeowners can
do something in terms of solar power in the future. Mr. Weismantel asked which other items are
energy efficient. Mr. Zieff noted everything is electronic and soft on electricity consumption and
they are trying to make the facility as efficient as possible.
Mr. Weismantel asked about the impact on the abutters during excavation and construction. Mr.
Barry asked about the Town’s noise bylaw, and Ms. Lazarus stated it pertains to construction
activity and is enforced by the Police Department. Reference was made to a recent violation on
the site and it was stated that it was a matter of going over by 20 minutes, and Mr. Zieff stated
they cannot control everything and they are not always the culprit.
Ms. O’Leary asked about safety conditions on Clinton St. due to construction vehicles and the
sharp turn on Front St. with not a lot of sight distance. She noted there is no signage on East
Main St. alerting travelers, and Mr. MacDowell stated they can place some caution signs.
There were no further comments from the Board or the public.
Mr. Abate moved to close the public hearing, Ms. Thomas seconded the motion, and the Board
voted unanimously in favor.
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Ms. Lazarus summarized the sequence of votes to be taken by the Board as outlined in her memo
to the Board.
Mr. Abate moved to find that pursuant to Condition #14 of the MPSP, the submitted documents
satisfy all applicable requirements of the Zoning Bylaw and the HCA dated May 1, 2008 and as
subsequently amended, Ms. Thomas seconded the motion, and the Board voted unanimously in
favor.
Mr. Abate moved to find that each existing intersection and roadway providing access to the site
will continue to operate at an acceptable level of service based on the anticipated impact of
vehicular traffic from previously approved uses within the site that will remain, plus this
development project, pursuant to MPSP Condition #49, Mr. Ollenborger seconded the motion,
and the Board voted unanimously in favor.
Mr. Abate moved to find that the four Decision Criteria in the bylaw are met with the imposition
of reasonable conditions, Ms. Wright seconded the motion, and the Board voted unanimously in
favor.
Ms. DeVeuve moved to approve the site plan for the Legacy Farms Private Wastewater
Treatment Plant with conditions applicable to certain decision criteria, as follows:
Decision Criterion #1 – The Site Plan complies with the Master Plan Special Permit.
1. The restoration and landscaping work shown on the site plan shall be completed by
November 15, 2013.
2. The Restricted Land sown on the site plan shall be subject to one of the Restricted Land
covenants contained in Appendix B of the MPSP. At this time it is anticipated that the land
will be subject to the Restored or Landscaped Restricted Land Covenant.
Decision Criterion #2 – The Site Plan meets all of the requirements and standards set forth in
this Article, the Master Plan Special Permit, and applicable Design Guidelines.
3. The Applicant indicated in correspondence dated February 29, 2012, that they would like to
work with the Tree Warden and the Hopkinton Dept. of Public Works to “determine the
necessary clean up of the Clinton Street right of way trees and understory” in order to affect a
naturalized and appropriate streetscape. The Board hereby requires that such work be
undertaken as directed by the Tree Warden and the Hopkinton Dept. of Public Works.
Decision Criterion #4 – Substantial adverse potential impacts of the Development Project have
been adequately mitigated.
4. In accordance with the Mass. DEP and Ground Water Discharge Permit 874-0 and this Site
Plan Condition, the Applicant shall furnish, install and maintain an effective odor control
system.
Effective odor control shall be appropriately sized, commercially available equipment and
materials such as activated carbon absorbers/blowers (or equivalent) and provide a means
necessary to mitigate the level of noxious odor (if any), so the private wastewater treatment
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facility’s noxious odor generation shall not be substantial as detected (in the opinion of the
Director of Municipal Inspections) at the property’s boundary with the Restricted Land. At a
minimum, the vents from the following process equipment will be collected and treated by
the odor control system to mitigate odors:
Headworks (screen room)
Flow Equalization tanks
Pre-anoxic tanks, Aerobic tanks and Post Anoxic tanks
Sludge holding tanks
Any waste from the screening room shall be collected in a tightly covered trash
receptacle and kept in the screening room except on trash day.
Odor Control Equipment sizing and operation plans shall be approved by the Director of
Municipal Inspections. If the Director of Municipal Inspections requires technical
assistance in reviewing the sizing, the odor control installation or monitoring the
operation of the odor control system, such technical assistance shall be paid for by the
applicant or the owner of the facility.
5. Construction of the dwelling uses in Legacy Farms is planned to commence in 2012,
resulting in connections to the private wastewater treatment system. The Applicant noted
that until the flows from the uses in Legacy Farms reach a volume that the system can treat
and/or until any startup phase is complete and the facility becomes fully operational, the
material will be pumped out on a regular basis and treated elsewhere. Such pumping out and
removal of material shall only occur during regular business hours.
6. All fixed mechanical equipment on the Site shall be screened from view from the ground.
7. The Applicant shall ensure that the exterior generator includes lockable panels, and that the
enclosure provides appropriate noise dampening.
8. In accordance with Section 210-138 of the Zoning Bylaw, the Applicant shall provide a
performance guarantee in the amount of $5,000 to the Town prior to the commencement of
construction pursuant to this Decision. The guarantee shall consist of a deposit of money or
negotiable securities in a form selected by the Planning Board to guarantee that any
unforeseen problems which arise, such as erosion and sedimentation and the correction of
site lighting problems, are addressed. The funds will be held by the Town and returned to
the Applicant upon completion of the project.
9. All exterior lighting on the site, whether shown on the Applicant’s submissions or required
by the Mass. State Building Code, shall be shielded, directed downward and not upward or
outward, and shall not spill onto adjacent property.
10. The site development shown on the Site Plan shall conform to the DEP Stormwater
Management Regulations. At the hearing, it was noted that contradictory standards relative
to TSS removal require clarification from DEP relative to the design of Exfiltrating
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Bioretention Basin B-1, which is within the Zone II of a public water supply. The Applicant
shall provide documentation to the Board and to Fay, Spofford & Thorndike, LLC, the
Board’s consulting engineer, that the basin complies with the DEP Regulations. If such
documentation is not provided or is not available, the basin shall be redesigned to clearly
conform and shall be submitted for approval.
11. Erosion and sedimentation control measures shall be implemented during the construction
period. If they are found to be inadequate, the Applicant shall immediately correct any
deficiencies.
12. The Director of Municipal Inspections inspects projects under construction for compliance
with the approved Decision of Site Plan Review. If the Director of Municipal Inspections
determines at any time before or during construction that a registered professional engineer
or other such outside professional is required to assist with the inspections of any component
of the site plan, the Applicant shall be responsible for the cost of those inspections.
13. The Applicant shall be responsible for mitigating all construction-related impacts, including
erosion, siltation and dust control in accordance with the provisions of the MPSP.
Ms. Thomas seconded the motion, and the Board voted unanimously in favor.
Documents:
Handout entitled “Discussion Items for Legacy Farms Sewer Treatment Plan Site Plan Review”
Site Plan Review Application for Legacy Farms Private Wastewater Facility dated January 23, 2012 submitted
January 26, 2012 with supporting documentation
Site Plan entitled “Wastewater Treatment Facility at Legacy Farms Clinton Street Hopkinton Massachusetts”,
dated January 20, 2012
Plan entitled “29 Clinton Street – Legacy Farms PWTF Elevation Drawings” received Jan 27 2012
Legacy Farms PWTF – Additional Draft Conditions (prepared March 12, 2012)
Email from Justin D. Gould, FST, to Dave Glenn FST (March 12, 2012), re: Legacy Farms PWTF site plan
review, 29 Clinton Street ---- Odor Control
Email from Daniel Gorczyca, VHB, to Dave Glenn, FST, dated March 12, 2012 re: Wastewater Treatment
Facility at Legacy Farms
Review Letter from Christopher Broyles and David Glenn, FST, to Ken Weismantel, Hopkinton Planning
Board, dated February 28, 2012, re: Wastewater Treatment Facility at Legacy Farms OSMUD Overlay District
Site Plan Clinton Street w/ attachments (email exchanges between David Glenn, FST, Steven Zieff, Baystone
Development, Richard Hollworth, VHB, and Elaine Lazarus, February 17-24, 2012)
Review Letter from Christopher Broyles and David Glenn, FST, to Ken Weismantel, Hopkinton Planning
Board, dated March 8, 2012 ,Re: Wastewater Treatment Facility at Legacy Farms OSMUD Overlay District
Site Plan w/ attachment (Memorandum from Justin Gould to David Glenn, FST, dated March 8, 2012 re:
WWTF Odor Control Evaluation Legacy Farms Development)
Memorandum from William Beyer, FST, to David Glenn, FST, dated February 29, 2012 re: Groundwater
Mounding Evaluation Legacy Farms Development
Internet printout 3/12/2012 Kee Safety Inc. – KeeHatch Safety Railing System, re: Hatch Railings
Several Legacy Farms presentation boards provided and used by the applicant
6. Liaison Reports
12
a) Mr. Weismantel reminded the Board of the upcoming Student Government Breakfast on
March 23, 2012 and stated that Nancy Clark, Hopkinton High School government studies
teacher, is strongly encouraging all members to attend.
b) Design Review Board - Mr. Weismantel referred to the discussion held at the meeting on
March 6, 2012 regarding the Pulte Homes site plan review application, and noted the DRB
had a number of significant concerns.
7. Other Business
a) EMC Corporation – Request for Zoning Change, Landowner Petitioned Article for annual
town meeting. It was noted the ZAC will schedule a meeting to review the proposal and
make recommendations to the Board, and the Planning Board will hold a public hearing
probably at its first meeting in April.
Document: Letter from Paul Fitzgerald, Senior Director North America, Real Estate and Facilities, EMC
Corporation, to Todd Cestari, Chairman, Board of Selectmen, dated March 7, 2012, Re: proposed zoning map
amendment
b) Minutes – The Board reviewed the draft minutes of February 6, 2012 and February 27, 2012,
and made corrections. The Board voted unanimously to approve both sets of Minutes as
amended.
Documents: Draft Minutes of 2/6/12 and 2/27/12.
c) Pulte Homes site plan application/proposed amendment to approved Legacy Farms Master
Plan Special Permit - It was noted the meeting has been scheduled and advertised for March
26. It was determined that three members will not be able to attend that night and another
has been advised not to participate.
Other Documents Used at the Meeting:
Agenda for 3/12/12 Planning Board meeting
Memorandum from Elaine Lazarus to Planning Board, dated March 8, 2012
Adjourned: 9:55 P.M.
Submitted by Cobi Wallace, Permitting Assistant
APPROVED: April 9, 2012