The Planning Board at its meeting Monday night voted unanimously to place the MBTA Communities article on the warrant for the Special Town Meeting on Nov. 18.

The STM is being convened with the primary purpose of voting on whether Hopkinton will submit a plan to the state that complies with this zoning requirement. There are three plans under the Planning Board’s consideration, including the plan that was narrowly voted down at May’s Annual Town Meeting. The board will determine which plan or plans will go before the STM for its vote.

At the meeting’s start, Principal Planner John Gelcich explained that the board’s purpose Monday night was voting on whether to put the article on the warrant — not debating the merits of the three plans with the public.

Chair Rob Benson added that it was a “procedural vote,” and all members then voted in favor. He added that there will be a presentation on the plans and that he would take some public comment afterward.

Under the MBTA Communities statute, also referred to as 3A, 177 cities and towns that are in the Massachusetts Bay Transit Authority’s service area need to approve new zoning to permit multifamily housing near public transportation options. The denser housing, in theory, would encourage more people to take the T and depend less on cars. It also would help meet the state’s demand for more housing.

Hopkinton has been designated as an MBTA-adjacent community because of its proximity to the Southborough commuter rail station. It would be required to zone for 750 housing units, a density of 15 units per acre for 50 developable acres.

Gelcich stressed that the regulations focus on creating zoning for this housing, not for actual housing development. If the town does not comply with passing a zoning plan by the end of the year, it could lose access to state grants and could be sued by the state, as is the case with Milton and Holden. Milton’s case had its first hearing earlier in the day, and no decision was reached.

Said Gelcich: “The town could build no units and still comply with the law because the zoning would be in place.”

Gelcich added that the MBTA Communities zoning would be considered an overlay district. This means that a developer could propose a project under either the current zoning or under the proposed overlay district.

The MBTA Communities law does not require an affordable housing component (a common misconception), but Hopkinton has an inclusionary zoning bylaw. The state law does require that age and unit size restrictions not be used, such as by creating an over-55 development.

The Planning Board will discuss the three zoning options recommended by the Zoning Advisory Committee at a special hearing Oct. 28 at 7 p.m. via Zoom. There will be time for questions to be addressed.

All three proposals contain a downtown zoning subdistrict of varying size. The first proposal, called Upper Cedar Street, includes The Preserve, Carbone’s Restaurant and two nearby properties. The second one includes the Indian Brook condominium complex. The third contains the Walcott Valley condominium complex as well as Carbone’s Restaurant and its two abutting properties.

One common question, according to Gelcich, was why Windsor Apartments and Legacy Farms were not included. He explained that they were developed under special permit that would not allow their inclusion.

Another was whether it would be prudent to wait for the outcome of Milton’s court case. Gelcich explained that Milton’s reasons for contesting compliance were different and not applicable to Hopkinton’s situation, one being that Milton is protesting being designated as a rapid transit community.

Molly Myers questioned why the first plan was being reconsidered if it was previously voted down, as did other residents of The Preserve. Myers said that “the will of the people” should be taken into consideration. Eric Wieland, a board member of The Preserve, pointed out that there was no way to predict the state’s reaction to the inclusion of parcels that likely would not be developed.

Benson said three plans were recommended by ZAC, and ZAC thought the first option was “a really good plan to begin with.”

“I would ask humbly that you trust us that we’re not playing games and we’re not trying anything malicious,” added member Parker Happ.

Member Lucia Lopez asked if any state grant funding lost would impact the town’s plan to connect to the Massachusetts Water Resources Authority system. Gelcich said that while the MWRA does not award grants, a MassWorks grant was expected to be applied for and used toward the project.

The topic will discussed in greater detail Oct. 28.

Charleswood School site plan approved

The board unanimously approved the Charleswood Elementary School’s major project site plan and stormwater management permit. It added 27 conditions and waived the administrative fees. It also unanimously approved waiving strict compliance with stormwater management compliance regulations.

Chris Eberly, the project manager from Vertex, provided updates on the proposal for the Charleswood School. He told the board that the development team would remove its objection to the raised channelized intersection at the exit to the school, located at 147 Hayden Rowe Street, so that a left turn would not be allowed. He asked that it be noted in a special condition by the board.

Gelcich and Benson disagreed, noting that the language should be open-ended and the decision left to project experts. Eberly agreed.

0 Benson Road hearing continued after discussion

The hearing regarding 0 Benson Road was continued in a 6-3 vote after board members determined they needed more information regarding the proposed construction of a single-family home on land that was supposed to have been donated to the Hopkinton Area Land Trust two decades ago. HALT no longer wants the land.

Donna Wolf, the attorney for property owner George Comeau, present the plan again, stressing the consideration for neighbors. Consultant Joe Marquedant said an effort is being made to preserve as many mature trees as possible.

Wolf also mentioned swapping the parcel in question with another parcel for open space. The address, 25 Rocky Woods Road, “is next to current open space land” and is nearly an acre in size.

Member Jane Moran explained that any proposal regarding open space should be presented to the Open Space Preservation Commission. Wolf said she has not gone before the OSPC and suggested a joint site walk for Planning Board and OSPC members.

Members expressed concern about setting a precedent of allowing a change to a prior board’s decision for a land swap. The board decided to get more information from the applicant’s future presentation to the OSPC and the site walk before making a final decision.

Wilson Street damage hearing continued

The hearing regarding the damage incurred on Wilson Street was continued at the request of Peter Bemis, the project engineer of The Trails, before the meeting.