HomeMy Public PortalAbout20101220 - Planning Board - Meeting Minutes1
HOPKINTON PLANNING BOARD
Town Hall, 18 Main St., Hopkinton MA
Monday, December 20, 2010 7:30 P.M.
MINUTES
PRESENT: Joe Markey, Chairman, Mark Abate, Vice Chairman, Ken Weismantel, Deb
Thomas, Dick MacDonald, John Coutinho, Claire Wright, John Coolidge, Carol DeVeuve
Elaine Lazarus, Director of Land Use, Planning & Permitting
Cobi Wallace, Permitting Assistant
1. Appointment – Design Review Board, Alternate Member – Finley Perry, Jr.
Finley Perry, Jr., 87 West Elm St., appeared before the Board. Mr. Markey stated he discussed
the Design Review Board alternate member vacancy with Mr. Perry over the summer. He stated
Mr. Perry decided to apply for the position, submitted a letter/email of interest and is here tonight
to discuss his application with the Board.
Mr. Perry stated he has lived in Hopkinton for 39 years and has been in business as a residential
building contractor for 35 years, mostly in the remodeling field.
Ms. Wright arrived at this time.
Mr. Perry stated he has a strong interest in the design aspect of residential construction and
frequently interacts with architects on that level. He stated as he indicated in his letter of interest
he is particularly interested in Weston Nurseries/Legacy Farms and the opportunity offered there
to put some thought into the architecture for the new development. He stated he feels the Town
should be proactive in this matter and suggested that the Design Review Board could set up a
design charrette to generate discussion and ideas. He stated he spoke to Legacy Farms LLC
principals Roy MacDowell and Steven Zieff who indicated they are not ready for this, and it
appears they probably will not support the idea. He stated a charrette may be useful as a way to
signal what the Town wants the development to look like, but it might not be the appropriate
approach.
Mr. Abate moved to appoint Mr. Perry as an alternate member of the Design Review Board for a
term expiring on August 9, 2011. Ms. Wright seconded the motion, and the Board voted
unanimously in favor.
(Document: Email dated December 9, 2010, from Finley Perry to Joe Markey, Chairman,
Planning Bd. – Design Review Board, Letter of Interest).
2
2. Other Business
• Mr. Markey thanked Ms. Lazarus, and Dept. of Land Use Planning & Permitting
administrative assistants Cobi Wallace and Anna Rogers for their hard work throughout the
year and presented them with holiday gift certificates on behalf of the Board.
(Documents: Amazon.com gift certificates)
• Minutes – Mr. Weismantel moved to approve the Minutes of the November 15, 2010 meeting
as written, Mr. Abate seconded the motion, and the Board voted unanimously in favor.
(Document: Draft Minutes for Planning Board meeting on November 15, 2010)
• Invoices – The Board voted unanimously to authorize payment of outstanding legal and
engineering consultant invoices.
(Documents: Payment request forms and invoices from Miyares & Harrington LLP and Fay,
Spofford & Thorndike LLC)
3. Continued Public Hearing – Legacy Farms Road South Definitive Subdivision Plan –
Legacy Farms LLC
Steven Zieff, Legacy Farms LLC, applicant, appeared before the Board. He referred to
discussions involving the Conservation Commission, DPW and Ms. Lazarus relative to the
location of the retaining wall at the stream crossing, and stated there is a sense that the Town is
best served honoring the Commission’s request to keep the amount of disturbance in the
wetlands crossing area to a minimum. He noted the Landowners Association would be
responsible for maintaining the retaining wall in the right of way.
Mr. Weismantel asked if the Town is setting a precedent asking a landowners association to
maintain such structures in the Town right of way. Mr. Zieff stated he would like to refer to the
maintenance requirements for the stormwater management system in this context. He stated he
forwarded the Operation and Maintenance Plan to the DPW Director as requested, and Mr.
O’Regan contacted him about the plan and was shocked when informed this would be the
DPW’s responsibility. Ms. Lazarus stated the Town will have to comply with the Stormwater
Regulations Phase II requirements for the entire Town, not just for Legacy Farms. Mr. Zieff
stated he discussed this matter with Mr. O’Regan, and Legacy Farms will help where they can.
Ms. Thomas noted Legacy Farms is a unique project compared to other developments in Town
and asked if there was a change in the Town’s maintenance policy under the new DPW Director,
and Mr. Coolidge noted there have been no changes in policy. Mr. Coolidge noted the
Conservation Commission weighed in on this matter.
Mr. Zieff stated this particular feature also falls within the new FEMA flood map delineation and
he plans to file applications to the Conservation Commission as well as the Board of Appeals
before the end of the year.
Mr. Weismantel stated it would be reasonable to require the Landowners Association to maintain
driveways and places where materials other than the standard asphalt will be used, but
maintenance of a retaining wall/bridge built to the Town’s standards is a different matter. Ms.
Wright stated she would like to make the same distinction. Mr. Weismantel asked about
3
driveway aprons, and Mr. Zieff stated some will be in the right of way and some will be outside,
but Legacy Farms Road itself will be a public way and driveway aprons there will be the
responsibility of the Landowners Association. Mr. Weismantel stated if the Landowners
Association does not follow through with their responsibilities, the Town will step in to make
repairs but install asphalt pavement instead of specialty materials. He added the interior of the
traffic circle will be an exception because the developer opted for special materials so in that
case maintenance will be their responsibility. He noted it appears the Board and the applicant
are in agreement and the retaining wall will be maintained by the Town.
Ms. Wright stated Low Impact Development (LID) comes with a set of unique maintenance
requirements as indicated in the stormwater report. She stated she was especially surprised by
the degree of snow management requirements and questioned the Town’s ability to comply
considering the budget situation. Mr. Zieff stated this speaks to the new regulations, and Mr.
Weismantel stated he feels they are very unproductive and do not add value to clean water. Mr.
Markey stated it is a federal mandate, and Mr. Weismantel noted he hopes there will be a lot of
opposition to the new regulations which may cause LID to fail. Mr. Markey stated the Board
will not be able to solve the funding problem and suggested talking about it at a future meeting.
Mr. Weismantel suggested the Board ask the DPW to comment on the stormwater plan and ask
Legacy Farms’ engineer to make sure it is a scaled down version. Ms. Larazus noted regardless
of whether a LID or traditional system is required by the Board, it has to conform to the DEP
Stormwater Management standards and maintenance will be required. She noted that it is likely
that the Conservation Commission will require LID in any event, because it is important to
comply with the DEP requirements.
The Board asked Mr. Zieff to address the waiver requests. Mr. Zieff noted there are a few items
where Legacy Farms does not necessarily agree with FST’s recommendations:
1) Subdivision Rules & Regulations section 9.11.1 (Stone or Reinforced Concrete Bounds
along Right of Way). Mr. Zieff noted Legacy Farms would like some flexibility with
respect to the type of bound that will be installed because of the length of the road and the
magnitude of the project. Mr. Markey asked why FST recommended against granting the
waiver request, and Ms. Lazarus stated she does not know, but Dave Glenn did indicate
that the 4” square bound is used in other communities. Ms. Thomas stated FST wants
what is in the regulations. The Board further discussed the waiver request and decided
that 4” square bounds at a 4’ depth located in the locations specified in the Rules &
Regulations would be acceptable.
2) Subdivision Rules & Regulations section 9.11.2 (Lot Monumentation). Mr. Zieff asked if
the Board is willing to consider a lesser means of lot monumentation, and Ms. Lazarus
stated the request reflects what is typically done in other subdivisions. Mr. Zieff stated
the method they propose for lot monumentation is sound and secure and is used in State
parks. The Board agreed to grant Legacy’s request for a waiver and allow the use of iron
rods with caps.
Mr. Markey asked about the MPSP conditions which pertain to the definitive submission, and
Ms. Lazarus stated they are listed in the memo and are the same as provided for the last meeting.
Mr. Weismantel stated he wants to make sure the sight distance issue within East Main St. at the
4
Legacy Farms Road North/South intersection is addressed, and Mr. Markey asked if this is
covered by the MPSP. Mr. Zieff noted the MPSP requires the work to be triggered by the
construction of Legacy Farms Road North or Hopkinton Village Center, whichever happens first.
He stated he discussed this issue with Ms. Lazarus, and Vanasse Hangen Bruslin (VHB) is sure
there is sufficient safe sight distance now. Mr. Weismantel stated FST has not yet reviewed the
information and judged sight line conditions to be satisfactory, so this issue is not yet resolved.
Ms. Lazarus stated that VHB representatives had noted that sight line requirements are different
for signalized vs. unsignalized intersections, and that is why the sight distance improvements are
triggered by the installation of the signal. Ms. Wright stated unnecessary additional road work
should be avoided. Mr. Zieff stated the intersection plans talk about a full buildout for 4 lanes
but initially only 3 lanes would be constructed, with accommodations for a 4th lane with minimal
further disruption. He added there are vertical and horizontal curve issues going west on East
Main St., MPSP plan sheet OS-2 shows the required amount of shimming to solve the problem,
and during construction there will probably need to be a temporary bypass lane.
Mr. Markey noted the Board must file its decision by January 22, 2011, and he wants to make
sure FST and VHB have been able to review the plan before the next Planning Board meeting.
Mr. Weismantel asked Ms. Lazarus to prepare a draft set of approval conditions for the January
10 meeting, including a condition prohibiting construction traffic on Curtis Rd. as discussed
previously. Mr. Weismantel asked for additional information regarding screening/landscaping of
the two residential properties on East Main St. adjacent to the new road. He asked if there will
be a new plan revised to show the landscaping in that area marked as Lot C5A, and Mr. Zieff
stated that will be done with a site plan review application for the area. Mr. Weismantel stated it
will mean more trees and other items in the right of way, and asked if there will be a Town
easement for areas outside the development project. It was noted that the landowners association
would maintain the landscaping in that area.
In response to a question, Ms. Lazarus stated meandering sidewalks where they are outside of the
right of way will be covered through easements. Mr. Weismantel asked when this will be done,
and Mr. Zieff stated there could be a condition to that effect and easements will be memorialized
later when they know exactly where the sidewalk will be. Mr. Weismantel stated such a
condition is acceptable. It was noted that the easements will be memorialized before the road is
accepted by the Town.
Mr. Weismantel moved to continue the public hearing to January 10, 2011 at 7:45 P.M., Ms.
Thomas seconded the motion, and the Board voted unanimously in favor.
Documents:
• Legacy Farms Road South definitive subdivision plan
• Letter to Joe Markey, Chairman, Planning Board, from David Glenn, FST, dated December
15, 2010, with attachment
• List of Waiver Requests – Legacy Farms Road South – compilation of applicant requests and
FST recommendations
5
• Email dated 12/13/2010 from Steven Zieff to Brendan O’Regan, DPW Director, with
attachment – Legacy Farms Road South, Response to 11/19/2010 letter from Brendan
O’Regan to Elaine Lazarus
• Email dated 12/7/2010 from Steven Zieff to Elaine Lazarus, with attachment – ANR re 82
and 90 East Main St.
• Email dated 12/7/2010 from Steven Zieff to Elaine Lazarus with attachments – Planning
Board Submission and Deliberation of Legacy Farms Road South Subdivision
• Legacy Farms Road South, Stormwater Report, November 2010, prepared by VHB
4. Other Business
• Draft Planning Board Annual Report. The Board reviewed the draft 2010 annual report. Mr.
Weismantel moved to submit the Planning Board Annual Report as written, Mr. Abate
seconded the motion, and the Board voted unanimously in favor. (Document: Planning
Board Annual Report – 2010 (Draft))
• Draft Articles for Annual Town Meeting. Ms. Lazarus stated the draft articles are requested
to be submitted to the Town Manager/Board of Selectmen by 1/7/2011 which is before the
next Planning Board meeting. Ms. Lazarus noted she has prepared a list of draft articles that
the Zoning Advisory Committee is working on. She noted that also included is the
acceptance of a gift of land on Granite St. & South Barn Rd. created by the South Barn
OSLPD subdivision. Mr. Weismantel stated it is ok to submit the list as long as it is clear it
is only preliminary, and Ms. Lazarus noted that thus far the Zoning Advisory Committee has
only voted to recommend one of the articles to the Planning Board. The Board decided to
submit the list as drafted but to combine two draft articles with changes to the Water
Resources Protection Overlay District bylaw and map into one. (Document: Draft List of
2011 Annual Town Meeting Articles – Planning Board)
• 30 North Mill St. – Sign Duplicate Conditional Approval Agreement. The Board voted
unanimously to sign a duplicate Conditional Approval Agreement for the 30 North Mill
Street subdivision, as the applicant had lost the original. (Document: Conditional Approval
Agreement, 30 North Mill Street Subdivision)
Other Documents used at the Meeting
• Planning Board Meeting Agenda
• Memorandum to the Planning Board from Elaine Lazarus dated December 16, 2010
Adjourned: 8:25 PM
Submitted by Cobi Wallace, Permitting Assistant
APPROVED: January 10, 2011