The Planning Board at its meeting Monday night debated how it should move forward on achieving compliance with the MBTA Communities Act after the proposed zoning bylaw was shot down at Annual Town Meeting on May 8.
Newly elected chair Rob Benson noted that the board needed to “think about our path forward” as the state’s deadline for compliance looms on Dec. 31.
He noted that Milton currently is being sued by the state for rejecting compliance. At least a dozen other towns have chosen not to comply, seeing the law as overreach by the state. Milton’s court case, which likely will be heard in the fall, will give Hopkinton additional perspective as it decides how or whether to comply.
Said Benson: “I think we want to put forward our best plan to get it passed and get it behind us in the best interest of our community.”
Benson noted that the Planning Board will need to advise the Zoning Advisory Committee, which worked on the original plan for many months, on its next steps.
There will be a Special Town Meeting later this year to address potential approval of the proposed bylaw. Because of the upcoming national election, it most likely will be held in either September or December, according to Principal Planner John Gelcich. The date will be determined by the Select Board. Planning Board members leaned toward a December date.
Matthew Wronka, who was elected as the new vice chair, asked about the timeline between a Special Town Meeting vote of a approval and acceptance by the state.
Gelcich explained that the state has a “post-adoption process” to confirm that community proposals are compliant. He did not say how long that would take.
Members discussed the board’s messaging strategy, as some misconceptions were put forward at Town Meeting. Creating a survey, direct outreach to residents and community meetings were suggested to provide clarity to residents.
Wronka said board members “could have done a better job” at explaining why certain parcels were chosen at Town Meeting and dispel some myths. He also said that high-density housing might be attractive to older residents looking to downsize.
Member Elise Mihajloski said she would like to know specific reasons why Town Meeting members rejected the proposal by holding public forums.
“We had a map that was heralded among leaders in the state,” added member Parker Happ. He thought that going back on this proposal would be “thumbing its nose at the state.”
Hopkinton is considered an MBTA adjacent community because of its proximity to the Southborough commuter rail station. As such, it must establish a district of reasonable size (at least 50 acres) and allow for at least 750 units in Hopkinton.
While the zoning overlays must be established, the bylaw does not require these districts to be developed. It also does not require an affordable housing component.
The most vocal opposition came from residents of The Preserve, a condominium community located near Hopkinton State Park and the Southborough commuter rail station. They did not want their community included in the zoning plan because it’s already developed, preferring that a vacant parcel be chosen instead.
Concerns previously raised about creating the zoning overlay districts included how the new residents in multifamily dwellings would impact the schools and public safety services.
Member Vikasith Pratty said the state’s mandate for compliance “feels like blackmail.”
Resident Donald Jackson said he was disheartened with the Planning Board’s goal of what he described as “a sales job” without taking residents’ concerns into account.
“I’m hurt that people think we haven’t been listening,” Wronka retorted, noting that several board members were involved in outreach efforts.
After a nearly hour-long discussion, board members made plans to return with targeted suggestions at the next meeting on June 17.
Wilson Street road damage from runoff discussed
At the previous meeting, Department of Public Works Director Kerry Reed spoke about drainage issues from a detention basin located at the intersection of Legacy Farms North and Wilson Street on property owned by developer Roy MacDowell. She explained there has been significant runoff coming from The Trails complex. While a detention basin was constructed according to plans previously approved by the Planning Board, it continues to present drainage issues that have caused damage to the roadway.
Reed, MacDowell and Peter Bemis, the engineer of The Trails, appeared before the board. MacDowell said the three of them walked the area earlier that day to discuss the issue.
“There’s a general consensus from The Trails that there are some erosion control problems on the road,” Bemis said.
He spoke about the drainage system on the property, stressing that the Planning Board previously approved it. But heavy rains caused the basin to overflow.
“We would like to be part of the solution,” said Bemis. “But we don’t want to be characterized as part of the problem.”
Reed stressed that the DPW’s perspective is that most of the damage has been caused by water running off from The Trails. She asked that Bemis work with the Planning Board on mitigation issues in addition to immediate repairs. She said taxpayers should not be burdened with the cost.
Benson noted that the runoff from The Trails “has been a longstanding problem.”
If The Trails cannot perform the work, one option the Planning Board has is to raise its bond from $75,000 to $300,000, the cost of repairing the road. Reed suggested raising that amount further so that a system could be put in place to handle the runoff.
Bemis stressed that he just received a letter from Reed dated May 7. He also said he was unaware that the Conservation Commission has been discussing The Trails.
Said Happ: “Respectfully to the applicant, this has been in the local news for the last year or so. I categorically question the accuracy of that statement.”
Benson recommended that Bemis and Reed work together within the next few weeks and present a plan at the July 1 meeting. If a consensus is not reached, the Planning Board can take further action against The Trails.
Pickleball/padel club proposal discussed
Applicant Yevgeniy Galper presented his proposal to construct an open play pickleball and padel tennis facility on East Main Street. After some discussion, the hearing was continued.
Galper stressed that he is a competitive pickleball and padel player and coach seeking to build a “world-class facility.” While pickleball is popular, he explained that padel is “the fastest-growing sport in the world.”
He purchased land next to the Fairview Estates development from MacDowell. He hopes to build an indoor-outdoor facility with 19 courts in total and parking for about 60 cars.
Gelcich explained that a stormwater permit is needed. The site is close to a leaching field and is within the open space mixed-use district (OSMUD).
Benson scheduled a site walk for June 8. The hearing was continued to June 17.
Hopkins School addition engineering plan set
The engineering plan for the Hopkins School renovation was approved by peer reviewer Tighe & Bond. A letter to that effect will be sent to the Planning Board later in the week.
Tighe & Bond is reviewing a traffic study and will present more information at the June 17 meeting.
New members welcomed
Benson welcomed newly elected members Lucia Lopez and Karen Wills to the board.
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