The Planning Board on Monday voted to approve three articles for the upcoming Annual Town Meeting, including one that revised the MBTA Communities zoning to bring it into conformity with state law.

The plan that was approved at the 2024 Special Town Meeting in November 2024 failed to meet the 50% contiguous area district requirement, according to principal planner Aneri Patel. At least one of Hopkinton’s districts must be 27.3 acres, according to this condition. The three districts approved previously were Walcott Valley, The Preserve and a downtown area. They equal 10.8, 22.9 and 15.5 acres, respectively.

Patel previously proposed connecting the downtown area with the Walcott Valley district by adding a strip of nine parcels on Walcott Street. Chair Rob Benson asked Patel to request feedback from the state for this meeting.

MBTA zoning approved unanimously

Patel said she heard from the state’s Executive Office of Housing and Livable Communities a few hours before the meeting.

“They are geographically OK with Option E,” she said.

The Option E plan includes the Walcott Street connector strip. Patel said the state requested a meeting with her where she would present the draft article within the next couple of weeks.

This plan, she explained, would have a total 55.6 acres and meet the 50% contiguity requirement. The unit capacity would be 782, and the dwelling units per acre would be 17.6 per acre.

The combined downtown/Walcott Valley district would comprise 32.7 acres. The unit capacity would be 439, and there would be 16.1 dwelling units per acre.

Benson asked if the proposed district would meet compliance requirements if parcels on the southern portion of Main Street were removed, along with a single parcel on Cedar Street. Patel replied that removing those parcels would change the unit capacity, making it noncompliant. There would only be the capacity for 723 housing units; the state requires 750. The Walcott Street parcels are not adding any new units to the district, but they allow the town to meet the 50% contiguity requirement.

In addition, Patel said the Walcott Valley portion would fall under the downtown district overlay’s zoning standards.

Benson said it would be a “no-brainer” to place the article on the warrant. He added that the map could be adjusted up until the warrant is printed.

Additional articles on warrant

Vice chair Matthew Wronka noted that the Zoning Advisory Committee previously discussed the placement of an article on the warrant that would remove the payment in lieu of affordable housing construction provision from the town bylaws. Wronka, the ZAC liaison, explained that ZAC discussed this topic late last year.

“The main issue is that the payment in lieu was always so minimal that it wasn’t effective as an option,” he explained.

He suggested that a placeholder article be put on the warrant, and it was approved 8-0.

Patel said this issue would be discussed at the next ZAC meeting. The date had not been set.

The board also approved adding an article that would allow the acceptance of Whisper Way as a town road in an 8-0 vote.

Lumber Street hearing continued

The board voted 8-0 to continue until Feb. 9 a hearing regarding a proposed one-story office and retail building for a lot off Lumber Street to allow for minor plan adjustments.

REC Hopkinton previously submitted the proposal for the 2,400-square-foot building. The 3.46-acre site is fully vegetated and undeveloped.

The main issue that arose was the density of vegetation on a small landscaped island between the parking lot and Lumber Street. Peer review consultant Emma Yeh from Pare Corporation said that the zoning bylaw required “dense growth or a combination of plant materials and landscape features.” One tree and some plantings were shown on the plans.

“So, it’s more of a clarification of what would be considered dense,” said Yeh.

Member Amna Diwan asked if a provision existed that specified the meaning of “dense planting.”

Benson did not recall one in the zoning bylaws. He suggested plantings that would limit light infiltration from headlights. The applicant, represented by Kathi Sherry, was willing to add a tree.

Engineer John Federico explained that, because an advertisement sign would be located there, the applicant didn’t want “anything that was too large” that would block the view of the sign from Lumber Street. He explained that the existing vegetation would be mostly undisturbed. The applicant could add more plantings to prevent stormwater runoff.

Yeh also questioned the location of the stormwater management equipment within the 60-foot setback area. While the developer considered it “the optimal location,” Yeh said the applicant would need relief. Federico said he could supply a written waiver request to the board.

Another question arose regarding the sidewalk design. Federico said he would submit plans that show how the sidewalk meets ADA grade compliance requirements.

The Design Review Board will discuss the site plan Monday.