8 May, 2013
Beginning with Article 25: ADAOC Phase VII Improvements Necessary to Comply with Americans with Disabilities Act, Hopkinton’s annual Town Meeting entered its second night of voting. The cost associated with the work required totaled $150,000 and both the Appropriation and Capital Improvement Committees recommended this article. Article passed with little discussion.
Article 26: Lakeshore Drive Culvert in the amount of $300,000 passed with a clear 2/3 majority. This article passed at last year’s Town Meeting, but failed at the ballot, so was brought forward again this year.
Article 27: Water/Sewer Manager’s Truck for a total of $45,000 passed with a clear 2/3 majority.
Article 28: DPW Director’s Vehicle for $33,000 to be split three ways between DPW, Water Department and Sewer. Ken Weismantel commented that he felt the Enterprise funds were being hit too hard and challenged whether the DPW Director actually divided his time that way. After discussion, article passed with a clear majority.
Article 29: DPW Dump Truck for $190,000 passed with a clear 2/3 majority.
Article 30: DPW Trackless Municipal Tractor for $160,000 – used in the winter for sidewalks and in the summer for brush. Both the Appropriation Committee and Capital Improvement recommended approval. Article passed with a clear 2/3 majority.
Article 31: DPW Street Sweeper for $175,000. While recommended by Appropriation and Capital Improvement committees, the Board of Selectmen did not recommend. Article failed.
Article 32: Grove Street Water Inspection and Mixer for $125,000 – recommended by both Appropriation and Capital Improvement Committee. Mixer will improve water quality. Water/Sewer Manager Eric Carty answered questions from residents and explained that new regulations are coming that the Town will not be able to meet without the new mixer. Passed unanimously.
Article 33: Flanders Road Sewer Main Replacement for $450,000 which represents half the cost of the replacement. The other half is being paid for by the Town of Westborough. Article passes with clear 2/3 majority.
Article 34: North Mill Street Slope Stabilization for $65,000 - to stabilize the slope and to install a permanent guardrail on North Mill Street at the site of the old grist mill. While land is not town owned, DPW Director John Westerling explained that it is a public way and it is unsafe. Passed with a clear 2/3 majority.
Article 35: Main Street Water Main Replacement for $240,000 – this article supplements a previous article from 2010 due to the cost being higher than expected. Passed with clear 2/3 majority.
Article 36: DPW Facility Design – recommended by Appropriations and Capital Improvements committees – for $250,000 representing the first step towards a new DPW Facility for Hopkinton. Dan McIntyre, of the Permanent Building Committee presented results from his committee’s review of all town buildings as they relate to the current DPW facility.
“The conclusion was that it was woefully inadequate,” said McIntyre.
The original building was constructed in 1961 and expanded in 1977 to include the Water Department. McIntyre also said that the current building made for a totally inefficient operation and that facilities have not kept pace with the growth of the town.
Discussion followed the presentation and resident Sandy Altamura asked if there were existing plans available from the state that could be used rather than paying for a new one. McIntyre said that no plans are available.
Another resident wanted to know the final cost of the new facility, but that number is not yet known. McIntyre responded that the driving need was responsibility to the employees that work for the DPW and bringing the facility up to date.
Other questions asked about specifics of plans for new facility. Article passed unanimously.
Article 37: DPW Garage Standby Generator - $$36,000 – passed with clear 2/3 majority.
Article 38: Town Hall Upgrade/Repair Mechanical, Electrical, Plumbing and Miscellaneous Interior Systems – for $176,000. According to Appropriation Committee Chair Mike Manning, this repair was rated as a top priority by the Permanent Building Committee.
Selectman Michelle Gates spoke saying she was not in favor of this article, considering it something nice to have, but not needed.
A standing count was required and the article failed 80 to 144.
Article 39: Town Hall Phase II Envelope Repairs – for $100,000. The total project cost is $350,000, of which the balance is being paid for by Community Preservation funds. Passed with clear 2/3 majority.
Article 40: Community Preservation Recommendations – passed with clear majority.
Article 41: Passed as part of consent agenda on May 6, 2013.
Article 42: Civil Fingerprinting – Ice Cream Truck Vendors . According to Police Chief Rick Flannery, this requirement is a result of law passed at the state level. In order to allow anyone who wants to have an ice cream truck in Hopkinton, the civil fingerprinting by-law is required to carry out the permitting process. If not passed, permits cannot be issued in Hopkinton. Article passed with clear majority.
Article 43: Registered Sex Offender Restrictions - by-law changes required to meet changes made by Attorney General’s Office. Passed with clear majority.
Article 44: Historic Preservation – Demolition Delay
According to Michelyn Holmes, this article promotes inter-governmental conversations regarding demolition delays and ensures the Historic District Commission is kept up to date. This article did spark some debate and arguments in favor and against centered on whether or not a by-law was really needed to improve communications between committees. A standing vote was required and the article passed 85 to 51.
Article 45: Historic Preservation Bylaw – Demolition Delay Time Period – the intent of this article is to extend the delay required for demolitions from 6 months to 12 months. Discussion continued related to previous article. Jeff Doherty, Chairman of the Open Space Preservation Committee, spoke against the article, saying increasing the delay can result in significant costs to the town. Planning Board Chairman Ken Weismantel also argued against the article, saying the main problem with this whole thing is that it leaves a contractor or homeowner in limbo.
“The whole procedure needs a re-look,” said Weismantel. “I would hope that everyone would oppose this article.”
Ken Driscoll, chairman of Parks & Rec echoed Weismantel’s concerns and Attorney Doug Resnick agreed saying that it affects people’s property rights.
An amendment was made to change the time frame to 9 months instead of 12, but the amendment failed.
After more argument in favor of the article by Holmes, a motion was made to move the question. The motion passed and the article failed with a clear majority.
Article 46: General Bylaw – Scenic Roads
Article proposes to clarify the meaning of a major branch on scenic roads. Trees on these scenic roads belong to the town. The size of a major branch was previously defined as “measuring 8 inches in diameter 6 inches from the tree trunk” and the change in the bylaw would reduce that to “5 inches in diameter 6 inches from the tree trunk”. Article passed with clear majority.
Article 47: Medical Marijuana Treatment Centers
This article attempts to create a temporary moratorium on the siting of medical marijuana centers effective through August 31, 2014. There were arguments for and against and the majority of those opposed cited infringements of civil liberties. A standing count was requested by Frank D’Urso who was opposed to the article but the article passed with a clear majority.
Article 48: Zoning – 169 West Main Street – proposes zoning change from rural business to business as requested by owner. Passes with clear majority.
Article 49: Water Fresh Farm Zoning Change – petitioned article by Jeff Barton and Jeff Todaro, owners of Water Fresh Farm to change zoning from Residence B to Business thereby allowing additional uses such as table service, farm to table events and acoustic coffee houses at Water Fresh Farm. The Planning Board recommended no action on this article having voted 6-1 against it at a public hearing. The Zoning Advisory Committee also voted 6-3 against this zoning change.
Planning Board Chair Ken Weismantel spoke against the zoning change, saying singling out a specific property within a residential/agricultural zone represented spot zoning, something not recommended or practiced by the Planning Board. Once the zoning is changed to business, all uses for business zoning would be allowed. While he conceded that the owners did not intend to put in uses such as a gas station or 7-11, he pointed out that zoning applies regardless of ownership.
Planning Board member Claire Wright also spoke against the zoning change, citing concerns with spot zoning and the permanence of the zoning change. One abutter also spoke against the zoning change, saying he did not want to see any changes made that could potentially impact the residential area. Another neighbor who was watching from home was motivated to come down to the Middle School to speak against the re-zoning saying she had already been negatively impacted by the business with truck deliveries and traffic.
A motion to move the question was made by Brian Herr, but Moderator Bruce Karlin allowed the petitioners another chance to make their case. The article appeared to fail by voice vote, but Karlin called for a standing count. Article failed 54 to 96.
Article 50: Zoning - Storage Sheds
This article proposes changes to side and back setbacks to residential storage sheds, establishing smaller setback requirements and allowing the sheds to be placed closer to the outer edges of a property as most homeowners prefer. Article passed with a clear 2/3 majority.
Article 51: Zoning - Drive-Up Windows
Drive-up windows in Hopkinton are only allowed by special permit. This article proposes a change to the granting authority that will make the Planning Board solely responsible for granting these permits. Passed with clear 2/3 majority.
Article 52: Zoning – 1B District, School Bus Parking
Proposed zoning change to allow Hopkinton school buses to park in Hopkinton, thereby providing savings to town. Article passed unanimously.
Article 53: Zoning – Design Review Board
Zoning change to encourage signage that compliments buildings. Passed unanimously.
Article 54: Zoning – Temporary Banner Signage
Petition article submitted by Educate Hopkinton to allow temporary banners for events such as elections. The Planning Board voted unanimously to support this zoning change in an earlier meeting.
“A banner to remind people about Town Meeting might get a few more people here,” said Weismantel.
Article passed with a clear 2/3 majority.
Article 55: Zoning – Neighborhood Mixed Use District and Rezoning of Land on Lumber St. and West Main St. The Planning Board recommended no action and the article passed unanimously.
Article 56: Zoning – Agricultural District Name Change
Proposed name change from “Agricultural (A)” to Agricultural-Residential to eliminate confusion about uses allowed. No use changes are involved. There was some discussion, but the question was moved. A standing count was required with the final count the article failed 44 to 57.
Article 57: Zoning – Commercial Solar Facilities
This article is sponsored by and recommended by the Planning Board and will allow the town control over solar facilities which are currently not allowed. Passed unanimously.
Article 58: Fruit Street Solar Farm
This article is sponsored by Hopkinton’s Sustainable Green Committee and attempts to allow property located at Fruit Street to be leased over a 20 year period for the purpose of installing and operating a solar farm.
This article sparked the most debate of the night drawing more people to the microphones than any other article.
Issues discussed included other potential uses for the land, the length of the lease, and how the original land was purchased and with what funds. Community Preservation Committee Chairman Hank Kunicki had concerns about the use of CPA funds that were used to help fund the original purchase of the Fruit Street property and the fact that a solar farm is not an approved use of CPA funds.
Eric Sonnett spoke as the former Chairman of the Board of Selectmen during the time when the Fruit Street land was purchased and argued that the use of CPA money precludes a solar farm on Fruit Street. An amendment was proposed to pay back those funds, but Ron Eldridge questioned where the money would come from since the solar farm was not generating income, but only creating savings.
Town Counsel Ray Miyares clarified that the amendment would not guarantee that the required payback to the CPC could be created through the lease agreement for the solar farm.
A motion to end debate on the amendment passed, but was followed by more discussion. Selectman John Mosher supported the project because it would save money and do something at Fruit Street. Planning Board member Claire Wright was against tying up the land for 20 years before the newly formed Fruit Street Sub-Committee had had a chance to revisit the property uses.
Article went to a standing vote. Final count was 109 to 33. Article passed with a clear majority.
Article 59: Gift of Land – Hayden Rowe Street – voted first night as part of consent agenda.
Article 60: Acquisition of Property on West Main Street – for $1,000 – to accommodate planned traffic light. Passed unanimously.
Article 61: Acceptance of Drainage Easement – voted first night as part of consent agenda.
Article 62: Municipal Parking Lot – Selectman Chair Ben Palleiko presented the benefits of the parking lot to the town and outlined what would be achieved with the passage of this article including the establishment of a reciprocal permanent easement agreement and a long term lease with Bill’s Pizza.
This article also generated a lot of discussion, but because of the late hour, a motion was made and passed to move the question and end debate. Article passed with a clear majority.
Article 63: Sale of Property on Knoll Road – Passed with clear 2/3 majority.
Article 64: Sale of Property on Duffield Road – Passed with clear 2/3 majority.
Article 65: Street Acceptances – Passed.
Article 66: Frankland Road – a petition article to see if the Town will vote to have the entire length of the road in Hopkinton known as Frankland Road be permanently named Frankland Road. This article went to a standing vote – 51-32 and passed.
Article 67: Community Choice Aggregation – this article came with a presentation by Town Engineer Dave Daltorio, but again, due to the late hour, Daltorio summarized the objective quickly and the article passed with a majority with no discussion.
Article 68: Lumber Street – Expansion of Sewer Service Area -- No Action – Passed.
Town Meeting adjourned at approximately 12:34AM, finishing up on the second night.
