HomeMy Public PortalAbout20120123 - Planning Board - Meeting Minutes
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HOPKINTON PLANNING BOARD
Monday, January 23, 2012 7:30 P.M.
Town Hall, 18 Main St., Hopkinton, MA
MINUTES
MEMBERS PRESENT: Ken Weismantel, Chairman, John Coutinho, Vice Chairman, Brian
Karp, Mark Abate, Deb Thomas, Carol DeVeuve, Claire Wright, Christian Ollenborger
MEMBERS ABSENT: Dick MacDonald
Present: Elaine Lazarus, Director of Land Use, Planning & Permitting
Cobi Wallace, Permitting Assistant
Mr. Weismantel opened the meeting and summarized the agenda. He stated the applicant for
Reservoir View has requested a continuance of the public hearing scheduled for 7:45 P.M. this
evening.
Mr. Karp arrived at this time.
1. Public Hearing – 30 Main Street – Minor Project Site Plan Review – Mangia Pizzeria
Michael DeRubeis, applicant, and Tom Nealon, property owner, appeared before the Board.
Mr. DeRubeis stated he needs site plan approval for installation of a heat-only pizza oven
exhaust fan on the Walcott St. side of the building. He noted there are apartments on the second
floor, and his initial proposal had to be modified because the code for a mixed use
retail/residential building requires any exhaust to be released above the roof line. He referred to
a photo submitted just prior to the hearing which shows the proposed revised installation. He
noted there will be an 18 inch diameter exhaust fan to be installed 2 ft. beyond the roof line by
means of an 8 inch duct exiting the building through a first floor window. He stated the size of
the installation has been scaled down from what was initially proposed, and the unit will be
turned in further so it will be less visible but still accessible for repair or replacement.
Ms. Wright asked how the rest of the window will be covered up, and Mr. DeRubeis stated he is
proposing a grayish color stainless steel, but can do something else if requested. In response to a
question of Mr. Weismantel, Mr. DeRubeis stated the ductwork will be made out of galvanized
steel and the fan will be the same color. Mr. Weismantel stated the Design Review Board (DRB)
did not have an opportunity to review the revised proposal. Ms. Wright stated stove black might
look better, and Mr. DeRubeis stated they could use paint made especially for hot surfaces. Mr.
Weismantel asked about the possibility to run the system through the inside of the building, and
it was noted it cannot be done.
Mr. Weismantel reviewed the list of standard conditions. He noted he feels that the condition
requiring that the applicant pay for a professional engineer to assist the Director of Municipal
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Inspections if needed, is not necessary in this case, the condition requiring that construction
activity adhere to applicable laws and regulations might be applicable because of some sanitary
sewer work being done, and the conditions relating to mitigating construction related impacts
and removing construction trash and debris should be included. The Board discussed whether it
is necessary to include the condition requiring all fixed mechanical equipment to be screened
from view from the ground. Mr. Weismantel stated they could encase the ductwork but he is not
sure that is necessary. Ms. Wright stated she is not sure which would look better, stainless steel
or flat black paint, but she does not think it is necessary for the applicant to come back to the
DRB regarding this issue. She asked if it would be reasonable to ask the applicant to consult
with Jeanette Thomson, DRB Chairman, and get her professional input. Mr. Weismantel stated
the Board can ask but does not have control over paint colors under site plan review. The Board
discussed the need for the condition relating to the screening of dumpsters, and it was noted
screening would be desirable but this application does not concern anything other than the
ductwork. It was noted that the Board may require a performance guarantee, but it is not
required. Mr. Weismantel suggested an additional condition indicating that future plans for new
siding will not require a site plan application, as an incentive for the owner to put new siding on
the building. Ms. Lazarus stated this Planning Board can’t bind a future Board or waive the
bylaw requirement if it is applicable. In response to a question of Mr. Weismantel, the applicant
indicated he is fine with the conditions to be included with an approval.
Mr. Abate moved to close the public hearing, and Mr. Karp seconded the motion. The Board
voted unanimously in favor of the motion.
Mr. Abate moved to find that the decision criteria contained in the Site Plan Review bylaw are
met, subject to the conditions to be imposed, as discussed. Mr. Karp seconded the motion and
the Board voted unanimously in favor.
Mr. Abate moved to approve the site plan with the following conditions:
1. All construction activity shall adhere to applicable local, State and Federal laws and
regulations regarding noise, vibration, dust, sedimentation, and the use of, interference with
or blocking of Town roads.
2. The applicant shall be responsible for mitigating all construction-related impacts, including
erosion, siltation and dust control. The applicant shall maintain all portions of any public way
used for construction access free of soil, mud or debris deposited due to use by construction
vehicles associated with the project, and shall regularly sweep such areas as directed by the
Director of Municipal Inspections in consultation with the DPW Director.
3. The applicant shall regularly remove construction trash and debris from the site in
accordance with good construction practice. No tree stumps, demolition material, trash or
debris shall be burned or buried on the site.
4. All exterior lighting on the site, whether shown on the applicant’s submissions or required by
the Massachusetts State Building Code, shall be shielded, directed downward and not upward
or outward. Light levels at night shall be only what is necessary for safety and security, in the
opinion of the Director of Municipal Inspections.
The motion was seconded, and the Board voted unanimously in favor.
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Documents:
•••• Application for Site Plan Review dated 12/21 /11 submitted by Michael DeRubeis, M&J Hopkinton LLC
•••• Photograph of revised installation proposal submitted 1/23/12
2. Peloquin Estates – Request for Lot Releases
It was noted the subdivision roadway has been constructed and is covered in its entirety by the
existing performance guarantee amount. It was noted that the developer is requesting release of
the 5 remaining building lots. Mr. Karp moved to release lots 1, 2, 3, 4, and 9 from the
conditional approval agreement for Peloquin Estates as requested by the developer, Mr.
Ollenborger seconded the motion, and the Board voted unanimously in favor.
Document: Form K – Lot Release Form
3. Administrative Business – Minutes
The Board reviewed the draft Minutes of January 9, 2012 and made corrections. The Board
voted unanimously to approve the Minutes of January 9, 2012, as amended.
Document: Draft Minutes of 1/9/2012
4. Continued Public Hearing – Reservoir View – Open Space and Landscape Preservation
Development – Christopher Olson
It was noted the applicant has requested another continuance of the public hearing. Mr.
Ollenborger moved to continue the public hearing to February 27, 2012 at 7:30 P.M., and Ms.
Wright seconded the motion. The Board discussed the request. Mr. Abate stated he will be
absent on February 27 but is not eligible to vote on the application anyway. Mr. Weismantel
stated the developer met with the Conservation Commission but apparently did not ask the
questions as directed by the Board. Mr. Ollenborger amended his motion to continue the hearing
to February 27, 2012 at 8:30 P.M., Mr. Coutinho seconded the motion, and the Board voted
unanimously in favor.
5. Terry Property – Chapter 61 – Discussion
Mr. Weismantel stated the Town has received a Notice of Intended Sale for 204 acres off
Lumber St., West Main St. and Chamberlain St., also known as the Terry land. He stated this
concerns Chapter 61 land, and the Town has 120 days to exercise its right of first refusal. Ms.
Lazarus stated Town boards and committees have been asked to submit recommendations to her
no later than February 24, and she will forward them as a package to the Board of Selectmen.
She showed the soil testing plan submitted to the Conservation Commission by ENSR
Corporation/AECOM in 2006 for a previous potential buyer, Erickson Retirement Communities,
with approximate locations of upland, wetlands, buffer zones and possible access locations. It
was noted that this did not constitute an approval of the wetlands delineation, but it probably
gives a good indication of what is there.
Mr. Weismantel stated the parcel has been mentioned as a possible location for a new school.
Ms. Lazarus stated it is generally felt that 15 acres is needed for a school site, and she has square
and rectangular cutouts available to help determine the feasibility of a fit with respect to this
parcel. Mr. Weismantel stated access to the parcel from the current school property is not
possible because of a conservation restriction (CR) on the Town land. Ms. DeVeuve stated there
is a little piece of Town land abutting the parcel in the southeast corner. Ms. DeVeuve stated it
is very wet in that area and Ms. Lazarus stated the land cleared for playing fields is pretty much
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the limit of upland areas. Ms. Lazarus stated there is access from Chamberlain St., and Mr.
Abate asked about the possibility of a crossing. Ms. Lazarus it is not possible because of the CR
which is all along the railroad bed, and Ms. DeVeuve noted it depends on whether people are
willing to part with one of the playing fields.
Jean Bertschman, School Committee, stated access would be across from field #10, and Ms.
DeVeuve stated that would mean losing one of the fields. Mr. Abate asked how the 15 acre size
requirement was determined, and Ms. Lazarus stated she was given that number as a standard by
the School Dept. Mr. Abate noted the Town already has fields and parking that could be shared
with a new school, and Ms. Lazarus stated they may not be able to share because of the distance
between them. Ms. DeVeuve noted Chamberlain St. is only 9 ft. wide at the end.
Robert Falcione, reporter, asked if wetlands buffer zone regulations are always enforced. Ms.
Lazarus stated buffer zones are not considered setbacks, but if work is contemplated in the area,
an application has to be submitted to the Conservation Commission and work may be allowed
within the 50 ft. buffer at their discretion. Ms. DeVeuve stated the property has very good access
from Lumber St. and West Main St. Ms. Bertschman stated she is not sure about access to the
loop road from Lumber St. or West Main St., and Ms. Lazarus stated the parcels would be
contiguous but separate due to the CR. She stated a town meeting vote and legislative action
would be required to remove the CR and the acreage has to be made up elsewhere in Town. She
noted this would be time consuming and there is a purchase and sale agreement on the table now.
Mr. Falcione asked about amending the CR, and Ms. Lazarus stated it is possible but it is
supposed to be very difficult, and even if the CR is gone there are still the wetlands to be
considered. Mr. Coutinho stated for a relatively small amount of money the Town could take
control of this very large parcel.
Mr. Weismantel stated he does not feel the Town should buy the land for open space and he has
not heard anyone mention features worth preserving. Ms. DeVeuve stated it has nice walking
trails. Mr. Weismantel stated the Open Space Preservation Commission (OSPC) should weigh in
on this issue but there are probably other pieces of land that are higher on the list. He noted the
eastern portion of the parcel was recently rezoned to Office Park which also allows continuing
care retirement facilities. He stated at the time it was thought an office park could be a
possibility using several clusters of upland naturally screened from adjacent property by trees.
He noted the Town also needs an additional 200 apartment units a la Legacy Farms/Southwest
Village to reach the Chapter 40B affordable housing percentage required by the State. Ms.
Wright stated she thought this type of housing was considered for the Fruit St. property. Mr.
Weismantel stated the Town should work with the prospective buyer. He noted continuing care
retirement communities are presently going out of business because of the bad economy and
seniors don’t have any money. Mr. Abate stated he feels the property should be sold to private
developers so that they can turn it into a revenue positive project for the Town.
Ms. DeVeuve stated at this point she feels the Board should tell the Board of Selectmen to pass
on the right of first refusal but look at it again if the current purchase and sales agreement falls
through. Ms. Lazarus stated the Town could work with the developer through a host community
agreement if the Town is interested in affordable housing at this location. Mr. Abate stated such
a project would negatively affect the school system, and Mr. Weismantel stated in the case of
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Southwest Village it is anticipated that there would only be a handful of children. It was noted a
portion of the property is still zoned Agricultural. Ms. Lazarus stated there is only one means of
egress to the upland at the end of Chamberlain St., but a subdivision could be proposed. Ms.
DeVeuve stated in that case Chamberlain St. would have to be brought up to standard, and Ms.
Lazarus stated that would not necessarily be required if the developer applies for a Chapter 40B
comprehensive permit. Mr. Weismantel stated he understands Mr. Mastroianni wants to propose
some zoning changes. Mr. Lazarus stated the Town should consider negotiating with the
seller/buyer if it sees potential for municipal uses but does not want the whole parcel. Mr.
Ollenborger suggested asking the prospective buyer about his plans.
Dan Terry, 9 John Matthew Rd., stated he is familiar with the property as it belongs to his uncle.
He asked about access from Whalen Rd., and Ms. Lazarus stated she is not sure whether there is
access. Mr. Terry noted his father owns property on Leonard St. and he asked if the parcel under
discussion would provide access, and it was noted that it does not. He noted purchasing the land
would give the Town a great opportunity for control. Mr. Abate asked about the possibility to
ask for control in terms of fields, not structures and maybe Mr. Mastroianni would be interested
in a quid pro quo for potential zoning changes. Mr. Terry stated there is a small piece that is
valuable to the developer and maybe for 1.5 million they can split the difference.
Documents:
•••• Plan entitled “Erickson Retirement Communities Lumber Street Site Hopkinton, MA” dated 10/06 prepared by
ENSR Corporation
6. Master Plan – Update – Community Facilities and Services Section
Ms. Lazarus stated the section represents a snapshot of the Town in 2007, and should be updated
to reflect what the Town is looking for this time. Mr. Abate stated the section looks good in
general but needs to be updated to show what has been accomplished. Mr. Weismantel referred
to some of the survey data on the bottom of the first page, and Ms. Lazarus stated she is not sure
if it should be retained. Mr. Weismantel noted survey data usually is more anecdotal and Ms.
Lazarus stated it is a little outdated.
Mr. Weismantel stated in 2007 a new DPW facility was planned for the Fruit St. property, but
now plans are for an improved/expanded facility in the current location instead. He noted he was
surprised by the statement that the Fire Department facility at the time was considered to be
inadequate and thought it was expanded within the last 10 years although he has heard about
plans for a substation. It was noted the Fire Station addition/renovation was in 2006. Ms.
DeVeuve stated maybe something can be done in conjunction with the Town of Ashland, and
Mr. Weismantel stated no land was set aside within the Legacy Farms development for this
purpose.
Mr. Weismantel stated the Master Plan should talk about expansion of the Public Library in the
current location. Ms. Wright stated it appears that is what was considered in 2007, and Mr.
Weismantel stated language to that effect can be a little stronger. Mr. Weismantel noted the
whole section on public schools needs to be updated or rewritten in its entirety. He noted
Elmwood School was expanded within the last decade and he feels that Center School can be
expanded by building behind the existing structure as opposed to a new facility on Fruit St. Ms.
Wright stated “infeasible” is not the right word with respect to the possibility of expansion
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according to a lot of people, and the Town needs to explore this option to the fullest extent, so
the last paragraph is no longer valid. She referred to the forecast and suggested taking it out
because the information is outdated.
The Board discussed the need for recreational facilities, and Ms. Wright noted people are now
shifting their interest to a hockey rink so she is wondering whether there is still a field shortage.
Mr. Weismantel stated if the Town decided to go with synthetic grass they would get more use
out of the facilities. Ms. Wright stated resting of the fields is an issue, and the opinion on natural
vs. synthetic fields has changed so maybe it just meant using different construction methods.
Mr. Weismantel suggested updating the trails section including a long range plan for the Center
Trail and a reference to the open space at Legacy Farms. He stated the section on the Terry
farmhouse seems ok. He referred to the cemetery goals, and stated the Town has capacity for
900 additional graves. Ms. Wright submitted suggested language to update this section, and
stated the Town needs to be thinking ahead 10 or 15 years. Ms. DeVeuve stated proximity to a
public water supply could be an issue for a cemetery at Fruit St., and Ms. Wright stated it can be
done safely and they already have Evergreen Cemetery on the other side. Ms. Wright questioned
whether this section should be under utilities because cemeteries are a municipal service which
the Town is required to provide by law. Mr. Weismantel stated the section on public water
services needs to be updated. He noted they need to refer to zones A, B and C, and the Town of
Hopkinton owns most of zone 1 land if not all, so it is a little confusing.
Mr. Weismantel stated the section on sewer services needs to be updated especially with respect
to the new wastewater treatment plant. He noted the municipal buildings and services section
needs to be updated. He stated Town Hall might have enough space, even though it could be
more spacious and luxurious. Ms. Lazarus stated archive space is needed, and Mr. Weismantel
stated maybe a section of the Center School could be utilized if the administration is housed
there. Mr. Weismantel recommended updating the first paragraph under the ‘Residential
Development” map. He noted lack of Town water does not necessarily stop growth, because
people will just install private wells instead. Ms. Lazarus stated it is likely to stop the building of
large apartment complexes.
Mr. Weismantel proposed adding a section on municipal parking, perhaps looking into expansion
of the lot behind the Town Hall building and in other places.
Mr. Weismantel referred to the Goals section. It was noted the goal to protect land around
existing and future public water supplies has been done. Ms. Lazarus suggested inserting
something relative to Low Impact Development, and Mr. Coutinho stated they are working on
that through the ZAC, by recommending changing the off-street parking bylaw. Mr. Weismantel
noted the area around Lake Whitehall is being choked because of nutrients getting into the lake.
He referred to the sewer build-out section, and noted the DPW Advisory Committee does not
exist anymore. He suggested deleting the reference to state-of-the-art or alternative systems as
he sees no reason to saddle Woodville residents with something like that and this was written
before the treatment plant was built.
Ms. Wright referred to recreational facilities. She noted the Town has to provide maintenance
for all its facilities, and keeps building more and more without the ability to take care of them.
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She suggested modifying the goal to provide additional land to meet existing and future cemetery
needs to read “provide and develop” additional land for cemetery space.
Ms. Lazarus distributed a compilation of statistics relative to the Town. Mr. Abate asked that it
be distributed electronically as well.
Documents:
•••• 2007 Master Plan – Community Facilities & Services Section
•••• Proposed language for update on cemeteries – submitted by Claire Wright
•••• At A Glance Report for Hopkinton - Massachusetts Department of Revenue, Division of Local Services,
9/23/2011 with attachments
7. Meeting Dates
The Board set the following meeting dates: March 12 and 26, April 9 and 23, and May 14, 2012.
Ms. Wright noted she will not be able to attend the April 9 meeting.
Other Documents Used at the Meeting:
•••• Agenda for 1/23/12 Planning Board meeting
•••• Memorandum from Elaine Lazarus to Planning Board, dated 1/19/12
Adjourned: 8:55 P.M.
Submitted by Cobi Wallace, Permitting Assistant
APPROVED: February 27, 2012