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HomeMy Public PortalAbout20120723 - Planning Board - Meeting Minutes 1 HOPKINTON PLANNING BOARD Monday, July 23, 2012 7:30 P.M. Town Hall, 18 Main St., Hopkinton, MA MINUTES MEMBERS PRESENT: Ken Weismantel, Chairman, John Coutinho, Vice Chairman, Claire Wright, Brian Karp, Matthew Wade, Deb Thomas MEMBERS ABSENT: Christian Ollenborger, Mark Abate, Dick MacDonald Present: Elaine Lazarus, Director of Land Use, Planning & Permitting Cobi Wallace, Permitting Assistant Mr. Weismantel opened the meeting and summarized the agenda. 1. Whisperwood Preserve (Sylvan Way) – Request for Release of Stormwater Management Bond Craig Meyer, Meyer Homes, developer, appeared before the Board. Mr. Meyer stated he started the Whisperwood Preserve subdivision about 8 years ago and upon street acceptance he was required to post a performance guarantee for offsite stormwater management maintenance for 5 years. He noted that at the request of the Dept. of Public Works (DPW) he cleared vegetation in the stormwater basins, and the DPW has inspected them and everything looks fine, so he is requesting release of the bond. Ms. Lazarus stated the DPW recommends release of the performance guarantee, and she concurs. Ms. Wright moved to release the Whisperwood Preserve performance guarantee. Mr. Karp seconded the motion, and the Board voted unanimously in favor. 2. Approval Not Required Plan – Saddle Hill Rd./Equestrian Dr. – Michael and Tracy Touzjian Jim Troupes, surveyor, and Michael Touzjian, property owner, appeared before the Board. Mr. Troupes stated that the plan creates a building lot and a non-buildable parcel for buffer purposes should the corner lot be sold in the future. Ms. Thomas moved to endorse the plan as not requiring approval under the Subdivision Control Law. Ms. Wright seconded the motion and the Board voted unanimously in favor. Document: Plan entitled “Division Plan of Land in Hopkinton, MA” prepared for: record owner Michael Touzjian”, dated July 12, 2012, prepared by Jim Troupes Mr. Coutinho arrived at this time. 3. Minutes The Board reviewed the draft minutes of the June 11, 2012 meeting and made a correction. Ms. Thomas moved to approve the minutes of June 11, 2012, as amended, Ms. Wright seconded the motion, and the Board voted 5 in favor, 1 abstention (Coutinho). The Board reviewed the draft minutes of the June 25, 2012 meeting. Mr. Coutinho moved to approve the minutes of June 25, 2 2012, as written, Ms. Wright seconded the motion, and the Board voted 5 in favor, 1 abstention (Thomas). Documents: Draft Minutes of June 11 and June 25, 2012 4. Meeting Dates The Board set the following meeting dates: September 10 and 24, October 15 and 29, 2012. 5. Design Review Board Appointments Mr. Weismantel noted all current Design Review Board members have indicated they want to be reappointed for another term. He stated they are still looking for candidates to fill the open alternate member position. Ms. Thomas moved to appoint Claire Wright, Sue Ellen Stoddard, Jeanette Thomson, Jeffrey Doherty and Gail Fallon to the Design Review Board for a term expiring on July 31, 2013. Mr. Coutinho seconded the motion and the Board voted unanimously in favor. 6. Other Business Mr. Weismantel stated he would like to invite the members of the Open Space Preservation Commission (OSPC) to a Planning Board meeting for a discussion of the Legacy Farms trail network, maybe at the first meeting in September. Mr. Weismantel stated the Board is considering canceling the first meeting in August if the application schedule permits. He stated approval not required (ANR) plans may be processed using the ANR procedures recently adopted by the Board if the application fits the criteria. It was noted the applicant for the Legacy Farms Road North definitive subdivision public hearing is running late. The Board voted unanimously to suspend the meeting pending his arrival. The Board took a 20 minute recess. 7. Continued Public Hearing – Definitive Subdivision Plan - Legacy Farms Road North & Frankland Road Relocation – Legacy Farms, LLC Steven Zieff, Legacy Farms LLC, applicant, appeared before the Board. Mr. Weismantel noted the Board and others have walked the site since the last meeting. Mr. Zieff stated they have received comments from Fay, Spofford & Thorndike (FST) and Lucas Environmental, noting Legacy Farms filed a definitive subdivision plan and a Notice of Intent (NOI) application at about the same time. He noted he understands that FST has to do some additional review work on stormwater management for the Conservation Commission (ConCom). Mr. Zieff stated the lotting plan in particular is of interest to the Board of Selectmen (BOS) and the ConCom because of the Ch. 401 Water Quality Certification, the upcoming filing of the OSMUD “notice” and the anticipated first closing on July 26. He noted they have been keeping the Town abreast of changes to the lotting plan, and the ConCom actually received a more updated plan. He noted the Host Community Agreement (HCA) has a provision relative to solving the Town’s problem with the Dept. of Agriculture regarding replication of 11 acres of farmland lost due to construction of the High School and referred to parcel A-1-B on the Legacy Farms Road North subdivision plan set aside for this purpose. He noted this parcel is shown as 18 instead of 11 acres and therefore the plan shows the new lot line. He noted in addition, parcel A-1-C (North Parcel) has to be corrected as well because it is a covenanted parcel that cannot be amended once it is on record. Mr. Zieff stated Legacy Farms would like to respond to FST’s comments, but 3 these are mostly technical issues and he feels it is best to leave this up to the engineers to discuss and resolve first. . Mr. Weismantel stated he would like to discuss the site walk and talk about the East Main St. intersection, which was one of the action items from the last meeting. He noted he agrees it would be best to let the engineers address the technical issues, and hopefully these will be resolved by August 20 at the continued public hearing. Mr. Weismantel stated he would like to hear about the ConCom’s feeling on the proposal. Mr. Zieff stated the ConCom’s main issue was understanding the decision making process behind the plan. He noted the ConCom identified a way to avoid the wetlands by moving the road up the hill toward the NSTAR parcel, and the Commission asked why the applicant did not use this approach. He stated it was explained that NSTAR is not in favor of residential uses nearby because of safety/security reasons and purchased an easement from Legacy Farms to keep the development further away. Mr. Zieff stated that, in addition, lot A-1-C is a covenanted parcel identified early on during the OSMUD zoning process and may not be bisected or manipulated. He stated they also have the issue of road design speed and it is important to maintain a gentle horizontal and vertical curve. He stated the ConCom had general concerns about best management practices being followed but the roadway layout was the only issue. Mr. Zieff stated that during the FEIR review process it was determined that because of the shift away from nursery uses, the wetlands would grow on the south side but shrink in the north due to the cessation of irrigation, and they are now finding that to be the case. It was noted the applicant will meet again with the ConCom in August. Reference was made to the site walk on July 16. Mr. Coutinho stated there are some beautiful views in the property, and Mr. Weismantel noted it is interesting to see what happens in 5 years when nature is allowed to take over, but that it will look a lot better once the site is under active management. He stated he thought the road alignment works out nicely. Mr. Coutinho stated he feels the new Frankland Rd. intersection area worked out better than anticipated. Mr. Zieff noted the preliminary subdivision layout struggled with filling and shimming going uphill. He noted the Planning Board was visionary in prescribing low impact development (LID) and they are now trying to keep site changes to a minimum and are pleased with the results. Jon Koeller, 72 Frankland Rd., stated he received an email from Roy MacDowell in response to concerns expressed at the last meeting. He noted according to Mr. MacDowell the change in Restricted Land caused by the road relocation is not significant, but this concerns a 100 ft. x 600 ft. vegetated area being eliminated by shifting the road over and he does not know where the green space went. He stated other neighbors will be especially affected by the change in terms of view and noise. The Board referred to the definitive plan for details of the proposed change. Mr. Koeller referred to the discussion at the last meeting regarding the proposed Legacy Farms Rd. North/Frankland Rd. intersection and the possible advantage for drivers to take a left onto Frankland Rd. as a shortcut to Rt. 135 in Ashland. He noted he has checked Google maps and it seems this is indeed a shorter distance. Mr. Zieff stated the primary reason for the proposed layout is an easier, more site friendly roadway which will accommodate a much better stormwater management situation consistent with LID principles. He noted concern regarding loss of Restricted Land is a valid point, but as evidenced by what has happened on the south side with a reduction in buildable footprint from 57 to 55 acres, this layout creates a far greater opportunity for a safer neighborhood, fewer curb cuts and continuity with the remaining Restricted Land. Mr. Zieff stated the layout will also be better from a visual and acoustic buffer 4 standpoint and there is a fair amount of woods they cannot touch because of the Native American indigenous site identified by the Army Corps of Engineers. In response to a question of Mr. Koeller, Mr. Zieff stated the plans do not show restoration details and they won’t be able to until they get to the site plan review stage. He noted the beauty of the Master Plan Special Permit (MPSP) is that the plan is evolving, but right now they are just talking about the definitive plan for the roadway. Mr. Koeller asked whether the layout can be shifted further away from the neighbors, and Mr. Zieff stated design speed is important to the engineers and they will have to see how it will fit. Mr. Koeller stated screening is also an issue. Mr. Weismantel asked about the distance from the road to the property line under the current layout and it was determined it is 150 ft. at the narrowest but it varies. Bob Ionta, 50 Frankland Rd., stated the road gets very close to some of the homes in the narrow area. Mr. Koeller stated maybe there is nothing they can do, but the distance will be reduced from 250 ft. to 150 ft. and that is a big difference. Jim Burke, 46 Frankland Rd., noted the location of the nearest abutters on the plan. Mr. Zieff stated they are willing to consider adding screening if needed. Mr. Koeller referred to the Design Guidelines and asked about the level of lighting. Mr. Zieff pointed out the street light locations on the plan at road intersections, and it was noted they will use the same fixtures as for the south side and currently in use on the Town Common. In response to a question of Mr. Ionta, Mr. Zieff stated road design speed is 35-40 mph, posted at 30-35 mph. Mr. Weismantel stated FST had a couple of comments on design speed and there are some issues with the radii to be resolved. Mr. Zieff referred to the July 3, 2012 letter from FST and stated it will be up the engineers to address the concern. Mr. Weismantel asked if Ms. Lazarus has discussed the East Main St. intersection with FST, as he would like to be able to provide guidance to the applicant if plan changes are needed. Ms. Lazarus stated she discussed the issue with Alan Cloutier of FST and was informed that at this point they feel another right turn lane in Legacy Farms Rd. North is probably needed if the Frankland Rd. spur to East Main St. is eliminated, but they will have to review calculations and discuss this with Vanasse Hangen Brustlin (VHB) before making a final determination. Mr. Zieff stated he will talk to Rob Nagi of VHB, and Mr. Weismantel noted they should follow up on this. Mr. Weismantel stated putting all of the traffic in the right spot might result in a safer situation without over-urbanizing the area, although the Village Center is certainly going to change the feel of the area. Mr. Koeller stated he is concerned that people coming down Legacy Farms Rd. North southbound will decide to turn left on Frankland Rd. to go to Rt. 135 east because it is a shorter distance. He noted he would respectfully like to ask Legacy Farms again to make the buildout at the intersection as large as possible or otherwise maintain the spur. Mr. Zieff stated there may be things the Police Dept. wants to do at a certain point in time to discourage the use of back roads without urbanizing certain intersections. He compared this to the full-build improvements for the downtown area which are considered too extreme by some, and maybe in this case a couple of well placed stop signs would work. Mr. Koeller stated FST recommends that the Frankland Rd./Legacy Farms Rd. North intersection is closer to a 90 degree angle, and he is wondering if the Planning Board should consider the opposite in order to discourage people from using Frankland Rd. as a shortcut. Mr. Ionta stated he would favor stop signs over an overly broad intersection. Mr. Zieff stated they are trying to do the best they can but don’t want to unnecessarily obliterate the intersection, and Mr. Weismantel stated this will be more of an engineering judgment call. Ms. Wright stated she would like to make sure that traffic coming down the new road going west on Rt. 135 does not create a backup on Frankland Rd. 5 especially once there is a signal. She stated people further down East Main St. should be able to find a way to reverse direction, as she mentioned before. She asked if there is a way to turn around if they turn left at the Hopkinton Village Center onto the lower Frankland Rd. without having to do a 3 point turn in the middle of the road, and Mr. Weismantel noted people will have the Village Center for that purpose. Mr. Coutinho asked if it is Legacy Farms’ responsibility to create a turnaround, and Ms. Wright stated these residents currently have the Frankland Rd. spur as a release valve. Russ Ellsworth, 6 Curtis Rd., stated there also is a need for something like this in case of an emergency, and they should not completely eliminate the spur. In response to a question of Mr. Weismantel, Mr. Zieff noted Verizon’s FIOS work was one of the reasons for dropping the spur, but they still need more complete data. Mr. Weismantel asked if any test borings have been done along East Main St. for the shimming work, and Mr. Zieff responded no. Ms. Wright stated that even with an added lane, certain East Main St. residents will essentially still have to resort to 3 point turns in the middle of Legacy Farms Rd. to get into this lane and it would be easier to maintain the spur. Ms. Thomas asked if they are obligated to keep the triangle for the sole purpose of offering a few residents a way to reverse direction. Mr. Zieff stated they are proposing changes to East Main St. by adjusting horizontal and vertical curves which in itself will improve the roadway, and in reality as the area is developed, there will be changes in traffic patterns and the way people operate, and perhaps some will find it easier to go up to Clinton St., up Legacy Farms Rd. South, back to Rt. 135. Mr. Weismantel noted a traffic light might also result in additional changes to overall traffic patterns. Mr. Zieff stated engineers have found that traffic volume has actually decreased since 2008, and the use of computers, internet and smart phones has changed the way the rush hour works, more stretched out but not as intense. Mr. Ionta asked about a comprehensive plan and who is managing it, considering all the different factors. He asked if other Town departments have been consulted. Mr. Zieff stated Legacy Farms as landowners can only do so much considering the number of preexisting conditions they inherited and the current combined approach is a good faith effort. Mr. Ionta asked if the Police Dept. has been involved, and it was noted that Police and Fire always get copies of the proposed plans and an opportunity to comment, as do the Town’s engineer and consultants. Mr. Ellsworth asked if comments have been received on the revised proposal from the Fire and Police departments, and Ms. Lazarus stated no. Mr. Ellsworth stated he has some safety concerns regarding the proposed intersection. Ms. Lazarus noted the DPW Director has commented that he concurs with FST comments. Mr. Weismantel noted the Police and Fire departments were involved in the review process for the MPSP so the information is not new to them per se. In response to a question of Mr. Ionta, Mr. Zieff noted the prior Police Chief had serious concerns regarding the initial layout and would probably be very much in favor of the new layout. Mr. Weismantel referred to the proposed discontinuance of Curve St. and some other areas at the upper end of Phipps St. as part of the plan. He asked if Legacy Farms is the owner of all surrounding property at the end of Phipps St. and Mr. Zieff stated yes. Mr. Weismantel stated they need a turnaround at the end of Phipps St., and Mr. Zieff stated Phipps St. is a private way, half of which is owned by Legacy Farms and half by the residential abutters, but beyond those homes they own the entirety of it. Mr. Weismantel stated there currently is a parking area for turning around, but that will be gone eventually. Mr. Zieff stated he feels he will have a better answer at the site plan review stage for the North Club Village. Mr. Weismantel stated he does 6 not want to see the street abandoned without provisions for a turnaround and would like this to be addressed along with other outstanding items for the next hearing. Ms. Thomas asked about the request for waivers, specifically with respect to relief from section 9.7.3 which was not granted for the south side, and a request allowing the use of different types of sidewalk/trail material. Ms. Lazarus stated it was not granted for the south side, because ultimately it was not an issue due to the design and location of the sidewalk. She noted that the provision only relates to the sidewalk/multi-use path that parallels the roadway, not the other trails on the property. Mr. Weismantel noted that although he is not crazy about stone dust for sidewalks per se, he may be convinced in some cases, but it looks terrible where granted and used in Town. Mr. Zieff noted there may be some alternatives and he will look into it. Ms. Wright stated perhaps stone dust is not a good choice, but some other materials like brick have a nice look. Ms. Lazarus stated a portion of the sidewalk is intended to be a boardwalk at the wetlands, so a waiver would be needed to allow that. Mr. Koeller noted he feels it does not make sense to grant waivers solely because of the size and scope of a project and the developers need to adhere to design criteria. Ms. Lazarus referred to an action item from the last meeting regarding a drainage issue brought to the Board’s attention by Mr. Schmidt of Frankland Rd. She stated she contacted John Westerling, DPW Director, about this, and he stated that he visited the site with Mr. Schmidt and believes that the proposed drainage system will solve the problem. Mr. Weismantel noted it appears this action item has been addressed. He stated that the Board is still looking for curb cut information, FST input on the waiver requests, and ConCom comments and additional comments from FST regarding proposed changes to the East Main St. intersection. Ms. Thomas moved to continue the public hearing to August 20, 2012 at 7:45 P.M. Mr. Karp seconded the motion and the Board voted unanimously in favor. Mr. Weismantel noted the Board is required to make a decision by September 1 unless it requests an extension of time. Documents:  Letter from FST to Ken Weismantel, Chairman, dated July 3, 2012 re: Legacy Farms Road North/Frankland Road Relocation Definitive Plan Hopkinton, Massachusetts  Definitive Subdivision Plan entitled “Legacy Farms Road North & Frankland Road Relocation in Hopkinton, Massachusetts (Middlesex County)” dated 5/25/2012, revised 6/25/2012, prepared by VHB 8. Other Legacy Farms Items A. Report to the Planning Board – Restricted Land Balance. Ms. Lazarus stated she will need to regularly report to the Planning Board indicating the status and accounting of Restricted Land at Legacy Farms, and at this point it is important to the upcoming closing on the Wood Partners parcel. She stated that the three Development Project Site Plan approvals have created 211.24 acres of Restricted Land out of the 500 acres that are required for the entirety of the project. She noted that there is a net “surplus” of 91.07 acres, meaning that the three Development Projects have provided more than the required 1.8 acres per 1.0 acre of buildable area. The Board accepted the report. Document: Report to the Planning Board - Legacy Farms Restricted Land, Elaine Lazarus, Director of Land Use, Planning & Permitting, Town of Hopkinton, MA, July 19, 2012 B. Request for Lot Releases – Legacy Farms Road South. Mr. Zieff stated they anticipate closing on the Pulte parcels in the near future and are requesting release of the relevant lots 7 from the subdivision covenant. Ms. Lazarus submitted a copy of a plan showing the location of the parcels, and Mr. Weismantel noted these are all parcels close to East Main St., well before the cul-de-sac, and Ms. Lazarus stated this section of the road is covered by the existing monetary guarantee. Mr. Wade moved to release lots C-1-E, C-2-C and subdivided portion of C-1-A now known as C-1-A1 from the covenant. Mr. Coutinho seconded the motion, and the Board voted unanimously in favor. C. Mr. Koeller asked what will trigger construction of the Ray St. to Athletic Field pedestrian path along East Main St., and it was noted it will have to be before the 180th certificate of occupancy. Mr. Zieff noted that intermediate intersection improvements are mandated before the 1st certificate of occupancy. He noted they also still need to work with NSTAR with respect to the gas line from Wilson St. to the site. Mr. Ellsworth asked about the site plan decision regarding the Legacy Farms (Pulte) South villages, and Mr. Zieff noted the site plan review decision was recorded at the Registry of Deeds this morning. In response to a question, Ms. Lazarus noted that subdivision plans are endorsed by the Board but it is not required for site plans. Mr. Ellsworth asked about access to the information, and it was noted the plans are attached to the decision and copies may be obtained from Town Hall, distributed electronically and should be on the web site soon. Documents: Form K Lot Release Form, and Locus Map D. Intermediate Intersection Improvements. Mr. Zieff stated that plans for the additional lane in Grove St. were submitted to the Board of Selectmen, and at the request of Town Counsel were changed to include metes and bounds as well as a temporary easement area around the spot where work will occur. He noted this has now resulted in an approval not required plan. He noted he hopes the Board of Selectmen will approve the plan at its meeting on July 24 so they can go ahead and do the work. Mr. Weismantel asked when the Board will be able to endorse the plan, and it was determined the Board can vote on the issue tonight and have the mylar signed by 2 of the members later. Mr. Coutinho moved to endorse the plan as not requiring approval under the Subdivision Control Law. Mr. Zieff asked about Board of Selectmen approval prior to actual endorsement, and Ms. Lazarus stated it would be a good idea in case they request changes. Mr. Weismantel stated the Board’s vote would reflect on the plan in a positive way in the eyes of the Selectmen. Ms. Thomas seconded the motion, and the Board voted unanimously in favor. E. East Main St. Municipal Parcel. Mr. Zieff stated they think they are close to a final version of an agreement with the Demons organization, enabling them to advance an ice hockey rink on the municipal parcel in the near future. Mr. Coutinho asked if any property has been put aside for a Marathon Museum. Mr. Zieff stated he has met a couple of times with Tim Kilduff who is very much in favor of this idea and so is Legacy Farms. He stated he is working with Gorman Richardson Lewis Architects and the building potentially could be located on the north side of Legacy Farms. He noted he is also working with the Dept. of Conservation and Recreation and Hopkinton State Park on a plan for utilization of their trails for activities such as marathons, triathlons and other activities. In response to a question of Mr. Koeller as to whether the sidewalk can go beyond the municipal parcel to Frankland Rd., Mr. Zieff stated some of the land is owned by others, and Legacy Farms cannot enforce sidewalks along other people’s property. He referred to the OSMUD Open Space Exhibit 8 and noted in planning a further extension of sidewalks along East Main St. they would also have to deal with ledge and items of historical value such as the “lucky rock”. Document: OSMUD Open Space Exhibit F. Restricted Land Covenants. Mr. Weismantel stated the north side has a lot of remnants of the nursery use, and he asked how they can be sure this is cleaned up. Mr. Zieff stated from a practical and technical standpoint, they have talked about the need to bring other groups and entities into the discussion about trails and restricted lands. He noted some neighbors are concerned about the trails, so he discussed this with Ms. Lazarus and it was determined it is time to get people to commit to what they are going to do and how. Mr. Weismantel stated the Board earlier tonight decided to invite the OSPC to a meeting in September to start that process. Mr. Zieff noted it is important to make sure the balance of restricted land is stewarded properly. Mr. Weismantel asked if the covenants have to be signed at this point, and Ms. Lazarus stated yes, if the project is to proceed. Mr. Weismantel noted members on the Board during the MPSP approval process spent a long time on each of the covenant categories and language, and Town Counsel has recommended the current format. Ms. Thomas moved to authorize the Chairman to sign the following Restricted Land covenants: 1) Restricted Land Covenant – North Parcel-Natural State; 2) Restricted Land Covenant – Restored or Landscaped (Private Wastewater Treatment Facility (PWTF) parcel); 3) Restricted Land Covenant – Restored or Landscaped (Southwest Village); 4) Restricted Land Covenant – Active and Passive Recreational (Southwest Village); and 5) Restricted Land Covenant – South Parcel-Natural State. Mr. Coutinho seconded the motion. Ms. Wright asked for confirmation that the two municipal parcels on Wilson St. and East Main St. are not included, and it was stated that they will be covenanted after they are shown on a Development Project Site Plan. The Board voted unanimously in favor. Documents: 1) Restricted Land Covenant – North Parcel-Natural State; 2) Restricted Land Covenant – Restored or Landscaped; 3) Restricted land Covenant – Restored or Landscaped; 4) Restricted Land Covenant – Active and Passive Recreational; and 5) Restricted land Covenant – South Parcel-Natural State. G. Mr. Zieff stated he hopes the Board of Selectmen will sign the Ch. 401 Water Quality Certificate which will restrict them to less than 5,000 sq. ft. of wetland filling, and also approve the intermediate improvements plan for Cedar St./Grove St. Mr. Weismantel asked if they need to cover the athletic fields under the Ch. 401 Certificate. Mr. Zieff stated yes. Mr. Weismantel referred to an erosion problem on Legacy Farms Rd. South near Curtis Rd. Mr. Zieff stated he will check into it. Other Documents:  Agenda for July 23, 2012  Memorandum from Elaine Lazarus to Planning Board dated 7/19/12 re: Items on Planning Board Agenda, July 23, 2012 Adjourned 9:55 P.M. Prepared by Cobi Wallace, Permitting Assistant Approved: August 28, 2012