The Zoning Advisory Committee on Monday considered a new option proposed by the town’s principal planner that would allow the Hopkinton to reach compliance with the state’s MBTA Communities Act’s zoning requirements.

After an hour of discussion, the committee decided to hold a meeting on Dec. 17 in the hope of choosing a plan to present to the Planning Board for review.

At the previous meeting, Aneri Patel, the town’s principal planner, pointed out that the state determined that the zoning approved by Special Town Meeting in 2024 was conditionally compliant, according to the state’s website. After a contentious process over two years, the three districts approved by the town included Walcott Valley, The Preserve condominiums and a section of downtown.

In order to comply with the law, the zoning districts must accommodate 750 units at a density of 15 units per acre on 50 or more acres of developable land. The town’s plan failed to meet the 50% contiguous area requirement, Patel explained. At least one of Hopkinton’s districts must be 27.3 acres, according to this condition. Walcott Valley, The Preserve and the downtown district equal 10.8, 22.9 and 15.5 acres, respectively.

There are 177 Massachusetts communities affected by this law, which was designed to spur as-of-right multifamily housing development. Hopkinton is considered an MBTA-adjacent community because it is near the Southborough commuter rail station. Municipalities with MBTA service have stricter zoning requirements than adjacent ones.

Communities that do not comply risk losing funding from the state and could lead to fair housing lawsuits.

Member Matthew Wronka noted that the town must approve a revised plan by May 29. It would require approval at Annual Town Meeting on May 2. Hopkinton may be able to seek an extension from the state if Town Meeting fails to approve a modified plan, according to Patel. This would lead to a Special Town Meeting later in 2026.

New proposal’s merits debated

Patel’s plan proposed adding approximately 10 parcels between the downtown and Walcott Valley districts to connect them. She said they are mainly owned by the same person and are located near Town Hall on Claflin Street.

Also, her plan would remove nine parcels previously approved for the downtown area at its southern edge. They include CVS, Marty’s Liquors and the fire station on Main Street, among others. This area is roughly the same size as the new area she proposed to add to the district.

The new contiguous district would be 31.7 acres. This exceeds the state’s 27.3-acre minimum requirement for contiguity. It also puts the town in compliance without having to revisit the process and come up with an entirely new district.

Chair Ted Barker-Hook noted that the new area includes several parcels zoned as part of the downtown business district, as well as a few residential parcels. He explained that the downtown business district zoning is “more permissive for dense housing than the MBTA Communities [Act] requires.”

Stressed Barker-Hook: “We’re not inviting dense housing any more than is already being invited.”

Patel’s proposal would not alter the acreage for The Preserve district.

Barker-Hook said the goal of the zoning proposals was to not include parcels that would be immediately “bought up by developers.”

He added that several Walcott Street properties could be added to Patel’s plan to “create one big zone.” These properties would be less likely to be developed than the Claflin Street ones, he explained.

Several members thought this option was workable. Member Sravana Krishna termed it as “the path of least resistance” for Town Meeting approval.

Sarah Brophy, a Claflin Street resident, also agreed. She said she and her neighbors are concerned about “overdevelopment” in her area. She feared a larger parcel on that street would be desirable to developers.

Previous options reviewed

Previously, Carbone’s Restaurant on Cedar Street had been considered for inclusion in the zoning plan as part of the Upper Cedar Street district. This article, which also included the downtown district, was shot down at Town Meeting in May 2024 by eight votes. Some Town Meeting members feared relatively quick development there despite its lack of water and sewer connections. Others said this problem could be remedied quickly by an eager developer.

Barker-Hook said he was hesitant to propose Carbone’s again. He spoke about “town fatigue” over the zoning issue.

He noted that the Indian Brook condominium complex also was considered to be included in an MBTA Communities zoning plan for the November 2024 STM. It would have been included in the Indian Brook district along with the downtown area. It was eventually dropped because this district was one unit short of being compliant.

Added Barker-Hook: “But we need to find some solution somehow.”