Index

1. Adoption of The OSMUD Overlay By-Law And Subsequent Actions To Create Legacy Farms
2. The Legacy Farms Project and Its Elements, Including the Restricted Land
3. Legacy Farms' Fiscal Benefits
4. Legacy Farms' Transportation Impacts and Mitigation
5. Legacy Farms' Water Supply, Wastewater, Stormwater, and Wetlands Impacts and Mitigation
6. Miscellaneous

Q: What does the term OSMUD mean?

A: The term OSMUD stands for Open Space Mixed Use Development. The OSMUD District is a Zoning Overlay District, which is a zoning mechanism under which special zoning rules can be applied to a defined land area as a substitute for the existing zoning. In this case, the OSMUD District zoning is being proposed to govern development of portions of the former Weston Nurseries property (the "Site") consisting of 733 acres on East Main Street in Hopkinton.

Q: Where did the idea for the OSMUD zoning originate?

A: Over the last few years, the Town of Hopkinton, including the Land Use Study Committee, has engaged in master planning for the Town as a whole and for the East Hopkinton area in particular. The Town hired Sasaki Associates to develop a land use strategy and recommendations. The Sasaki report recommended balancing conservation with increasing the intensity of "as-of-right" development on the remaining land. The OSMUD is an outgrowth of the Sasaki report and the Town's vision for its future.

Q: How will the Legacy Farms Project (the "Project") utilize the OSMUD as a zoning mechanism?

A: Legacy Farms LLC (the "Developer") and its team believe that the OSMUD overlay zoning district enables a more efficient and environmentally sensitive use of the land than the underlying zoning allows. The OSMUD will allow Legacy Farms to build upon the landscape character of existing resource areas to create an open space system which will consist of land left in its natural state, and, given the current disturbed nature of much of the Site, land to be restored or landscaped. The open space system will contain land which will not be built-upon but which contain pedestrian, equestrian and bicycle trails, which will provide connectivity between the proposed neighborhoods of Legacy Farms and the surrounding area, and will provide a means to frame and define the new neighborhoods within Legacy Farms.

Q: What are the steps for approval of the OSMUD by the Town?

A: The mechanism of the OSMUD as a zoning overlay district was suggested in the Sasaki report issued in August, 2007. The review of the OSMUD as a proposed new zoning by-law was undertaken by the Zoning Advisory Committee beginning in October, 2007, resulting in a favorable recommendation by ZAC to the Planning Board. Following its own extensive review and public hearings, the Planning Board recommended adoption of the OSMUD to Town Meeting by a unanimous vote on March 24, 2008. A 2/3 majority vote at Town Meeting is required for adoption of the OSMUD. The last step in the approval process is a review and approval of the OSMUD zoning by the Massachusetts Attorney General, whose review is limited to a municipality's power to adopt the proposed zoning. Please see our local review process diagram for more information.

Q: If the OSMUD is approved, what rights will the Town have to review and regulate Legacy Farms?

A: Adopting the OSMUD Zoning By-Law is the first step in a multi-step process relating to approval of the Legacy Farms project by the Town. Following adoption of the OSMUD Zoning By-Law, Legacy Farms will apply for a Master Plan Special Permit from the Planning Board, which will be the subject of public hearings by the Planning Board. Thereafter, each individual "Development Project" area (or separate neighborhood) will undergo separate Site Plan Approval by the Planning Board and the Board's peer review consultants, as appropriate. Some uses, which are considered the more intense uses, will also require additional special permits for use from the Planning Board.

Components of Legacy Farms also will require review by other local boards, such as the Conservation Commission and Department of Public Works.

The Project also will require permits and approvals from state and/or federal agencies including the Massachusetts Environmental Policy Act (MEPA) Office and the Commonwealth of Massachusetts Department of Environmental Protection. Please see our state review process diagram for more information.

Q: What is the Host Community Agreement?

A: An agreement between the Town and Legacy Farms, called the Host Community Agreement, is being negotiated and will be executed in advance of the 2008 Town Meeting. This agreement will lay out the expectations and obligations (including mitigation) with regard to development of Legacy Farms and will be in effect if the OSMUD is adopted by the Town Meeting. A three-member negotiating team, comprised of Town Manager Tony Troiano, Town Planning Director Elaine Lazarus and Town Counsel Ray Miyares, has been tasked with negotiating this agreement and is actively discussing the Host Community Agreement with Legacy Farms, along with representatives of the Board of Selectmen and Planning Board.

Q: What OSMUD related action will take place at the 2008 Annual Town Meeting?

A: If approved by 2/3 vote of the Town Meeting, a Warrant Article for the 2008 Annual Town Meeting will adopt the OSMUD overlay district mechanism for the Site, which will enable Legacy Farms to apply for a Master Plan Special Permit from the Planning Board. A copy of the proposed zoning by-law to be considered on at the Annual Town Meeting under the Warrant Article is available here.

Q: If the OSMUD is not adopted, what might be constructed on the Site and how would the alternative development impact the Town?

A: If the OSMUD is not adopted, the developer of Legacy Farms would proceed on the basis of the underlying zoning for the Site. The underlying zoning allows residential development by right on individual lots ranging in size from 45,000 square feet to 60,000 square feet in portions of the Site and through the Town's Open Space Landscape Preservation Development By-law in other portions of the Site. Further, the portions of the Site in the Agricultural District may be used for certain non-residential uses, such as a nursing home and an acute care rehabilitation facility. In addition, it is possible that one or more Chapter 40B projects would be proposed for the Site. The alternative development would result in more intense use of the land with minimal to no mitigation, other than through the general Subdivision Control process, and may have significant adverse impacts to the Town's financial resources.

Q: What is the relationship of adoption of the OSMUD to the MEPA and state permitting process? What is the effect of adopting the OSMUD before the MEPA process is concluded?

A: A project such as Legacy Farms involves many permits on both the local and state levels, each of which involves a fairly lengthy permitting process. These permits generally are applied for simultaneously, and are pursued in parallel. However, all the permits for the Project, on both the state and local level, will need to be secured before the Project goes forward. The adoption of the OSMUD Zoning By-Law before the MEPA process is concluded is only one step in the permitting process. The MEPA review, as well as all the other state permits such as the Commonwealth of Massachusetts Department of Environmental Protection approval for wastewater disposal and approvals for drinking water withdrawal and water quality will need to be finalized before the Project goes forward. There is no risk that the Project will go forward based on approval of the OSMUD Zoning By-Law if the state permits are not forthcoming. Please see our local review process diagram for more information.

Q: What provisions does the OSMUD include to protect the surrounding neighborhoods and to make sure that the design of the Project will be consistent with the scale of Hopkinton?

A: Specific provisions have been integrated into the OSMUD bylaw to protect the surrounding neighborhoods and to make sure that the design of Legacy Farms is consistent with the scale of Hopkinton. These zoning bylaw specific provisions include the following:

• Height: Maximum building heights are 35 feet or three stories throughout the OSMUD, except in two areas shown on the zoning map as OSMUD District Height Zone, where heights may be allowed up to 40 feet while still maintaining three stories.
• Maximum Size of Buildings in Village Center: The retail/commercial buildings in the Village Center will not exceed 25,000 SF, except for one building which may be up to 38,000 SF. The Planning Board may, by special permit, allow a single building containing up to 45,000 SF.
• The OSMUD contains setback and screening requirements intended to provide a buffer between commercial uses in the OSMUD and residential uses outside of the OSMUD.

Q: What provisions does the OSMUD include to control hazardous materials if the north commercial parcel is used for "life sciences" use?

A: The OSMUD District zoning by-law requires a special permit to assure public safety if a commercial use involves a life science building. Lifescience use is limited to biosafety levels Level 1 and Level 2. Biosafety Level 3 or Level 4 uses, the more intense uses, are not permitted in the OSMUD District.

Q: Why is the Planning Board designated as the Special Permit Granting Authority for the OSMUD?

A: The OSMUD will involve many considerations of land planning which contemplate the interactions of the various neighborhoods within and adjacent to the Site. The Project is anticipated to have a build-out period of 10-12 years, depending on market conditions. The Planning Board has been designated the Special Permit Granting Authority (SPGA) in the OSMUD to ensure consistent application of the requirements of the OSMUD throughout the district and throughout the build-out period.

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Q: What is the proposed building program for Legacy Farms?

A: Legacy Farms will contain up to 940 new residential dwelling units and up to 450,000 square feet of commercial uses. The residential uses will be limited to 50 new single family homes, and 240 apartments in a rental development (within which 25% will be affordable). The remaining residential dwellings are planned to consist of 325 townhomes and 325 simplex and duplex homes.

Of the 450,000 square feet commercial uses, approximately 150,000 square feet are planned to be a retail/commercial development located in the new Village Center located east of the Peach Street / East Main Street intersection. A 100,000 square feet commercial development is also planned to be located on the south side of East Main Street, near Clinton Street, in the East Main Street Commercial Area. The remaining 200,000 SF of commercial uses will be located in the northerly portion of the Site, near Rafferty Road and Wilson Street. This element will be called Legacy Park.

The areas to be used for residential uses (the so-called Residential Sub-District), the areas to be used for commercial uses (the so-called Commercial Sub-Districts) and the Village Center area (the so-called Village Center Sub-Districts) are shown on the zoning map which is available here.

Q: How will Legacy Farms improve the Town's standing on the Commonwealth's Subsidized Housing Inventory which is used to determine whether a Comprehensive Permit (40B) Project must be approved? Where will the affordable housing dwellings be located?

A: Under the current guidelines of the Commonwealth's Department of Housing and Community Development (adopted in March, 2008), all of the apartments in a rental housing development count towards the Town's Subsidized Housing Inventory if 25% of the apartments are Affordable. Under these rules, the Project will include 60 Affordable rental apartments, so that 240 apartments will be credited towards the Town's standing on the Subsidized Housing Inventory. Based on the current census figures, this single development will improve Hopkinton's standing for the mandated 10% affordable housing requirement from 3.2% to 8.5%. It is currently anticipated that the rental apartments component, including the affordable units, will be located south of East Main Street at the westerly corner of the Site.

Q: What are the Design Guidelines and why are they necessary?

A: The Design Guidelines proposed for the OSMUD District, which will be included in the Master Plan Special Permit, will allow for an environmentally sensitive design that will respect the natural attributes of the Site and will be consistent with principles of "Green" design or Low Impact Development (LID) and "Smart Growth." Existing Town of Hopkinton Subdivision Regulations may not be flexible enough to allow some of the proposed Low Impact Development techniques proposed for Legacy Farms. The Planning Board will also be asked to modify or waive some of the existing Subdivision Regulation to be consistent with these Design Guidelines. A draft version of the Design Guidelines has been submitted to the Planning Board to assist them in their review of the OSMUD and is available here.

Q: How will Legacy Farms incorporate "Green" or "Low Impact Design" techniques? What measures will be employed to limit new impervious surfaces at the Site?

A: Every component of Legacy Farms is being designed to minimize the overall environmental footprint of the Project. Specific examples of the Legacy Farms low impact design accomplish the following:

• Minimize roadway widths to reduce impervious area;
• Cluster development to maximize contiguous open space;
• Include specific provisions for LID stormwater management techniques in the Design Guidelines;
• Include water supply and on-site wastewater treatment and disposal to preserve the existing aquifer and protect existing drinking water supplies.
• Minimize site disturbance by planning pods of development to work within the existing land forms;
• Restore over 350 acres of presently disturbed open space which had been used by Weston Nurseries in its horticultural operation on the Site.
• Minimize energy consumption and waste by providing task specific lighting that does not contribute to "light pollution", occupancy triggered utilities, and other methods which safeguard the value of limited resources.

Q: How much of the 733 acres will be built upon by the Project and how much will be left for recreation and other uses?

A: 233 acres of the Site will be built upon for private purposes. The remainder of the Site, which is referred to as "Restricted Land" under the OSMUD Zoning By-Law, will be restricted by a series of Restricted Land Covenants benefiting the Town and tailored to the specific uses and location of the parcels. Other than the land used for agricultural purposes and the land used as open space within specific neighborhoods, the remaining Restricted Land will be available for active or passive recreational purposes as public open space, in which there will be internal and intra-municipal connecting trails. A 68 acre North Parcel and a 35 acre South Parcel will be restricted as open space before any development occurs on the Site, and the remaining areas will be restricted proportionately as the development progresses. 77 acres will be utilized for agricultural purposes by Weston Nurseries so that it may continue as an on-going business in the Town.

Q: Will the adoption of the OSMUD and the future Legacy Farms development result in protection of additional open space when compared to a development under the current zoning?

A: Absolutely, yes. The adoption of the OSMUD will result in significantly more open space than would otherwise be required in the underlying zoning district. As described above, Legacy Farms will provide a minimum of 500 acres of Restricted Land.

Q: Will land be set aside for future recreational facilities to benefit the Town?

A: The majority of the Restricted Land will be used for active and passive recreational purposes. The Developer has agreed to make available to the Town land with access off East Main Street which may be used as two municipal playing fields with associated parking and playground areas to be built and maintained by the Town. Also, residents of the Town will be able to take advantage of the miles of walking trails and the substantial portion of the open space areas on the Site.

Q: How much acreage of the Project will continue to be used for agricultural purposes? What is the future of Weston Nurseries?

A: 77 acres within the Site will continue to be used for agricultural purposes by Weston Nurseries, which will also operate a retail facility in the new Village Center. In addition, Legacy Farms has agreed that 11 acres of this land may be made subject to an Agricultural Restriction to enable the Town to meet its obligations under a 1999 Agreement with the State Department of Agriculture related to use of agricultural land by the Town in connection with the construction of the high school.

Q: Who will control the Restricted Land and what assurances will the Town have that the Restricted Land will be maintained by the Project and not be developed for other purposes?

A: Each area of Restricted Land will be made subject to a recorded Restricted Land Covenant for the benefit of, and enforceable by, the Town which will be in perpetuity. These Restricted Land Covenants will be tailored to the particular uses of the Restricted Land, but will ensure that the land will not be developed for other purposes. The Restricted Land will be maintained by the Landowners' Association or other responsible private party designated in the Restricted Land Covenant, who will act as stewards of the land at no cost to the Town. The public will have access to the majority of the Restricted Land at no cost to the Town, except for the cost of building and maintaining the playing fields, playgrounds or other facilities which may be built by the Town on portions of the land (which land will be made available to the Town at no cost).

Q: What has been done to determine if chemicals and pesticides are present on the Site from its nursery operations?

A: Legacy Farms Team has completed extensive Phase I and Phase II environmental investigations of the Site. These investigations concluded that there were two limited areas on the Site that had concentrations of lead, chromium and the pesticide dieldrin that exceeded minimum reporting concentrations (RC's) as defined by the Massachusetts Contingency Plan (MCP). In response to these RC exceedances, a Limited Removal Action (LRA) was conducted to remediate impacted soil under which approximately 60 tons of impacted soils were shipped off-site to a licensed disposal facility for treatment and disposal. Post remediation soil sampling has been completed, which has confirmed that the LRAs were successful in identifying and removing impacted soils from the Site. In summary, based on extensive studies and mitigation that have been conducted in accordance with State guidelines, the Site no longer contains any chemicals above MCP reporting concentrations.

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Q: What is the projected financial impact of the Project on Hopkinton?

A: Legacy Farms estimates that, in current dollars, the Project, at full build -out, will generate in excess of 3 million dollars in annual net revenue to the Town. A more important measure of fiscal impact is the cost to revenue ratio or the ratio of all annual service cost contrasted to annual revenue. Legacy Farms has an estimated cost to revenue ratio of 0.51, meaning that for every dollar received by the Town it will cost the Town approximately fifty one cents to provide municipal services. Accordingly, Legacy Farms will generate to the Town estimated net revenue of forty nine cents per dollar of revenue. The annual ratio in any one given year is subject to background economic conditions and may vary 10% in either direction. However, the mixed use nature of the Legacy Farms development program insures that the proposal will remain positive.

Q: Will all components of the Project be fiscally positive to the Town? If not, how does the Town know that the Project will have a positive financial impact both during the build-out period and at full build-out?

A: The Developer recognizes that the 50 single family houses and the 240 rental apartments may not have a positive financial impact on the Town, considered alone; although these components may have a positive financial impact if building permit and other construction-related fees are considered. To assure the Town that the financial impact will be positive at each stage of development, the Developer will agree in the Host Community Agreement not to secure certificates of occupancy for the single family homes or the rental apartments unless the fiscal impact of these components is off-set by other components in Legacy Farms anticipated to have a positive financial impact on Hopkinton. The positive revenue components are the townhomes, the simplex and duplex homes and all the commercial uses.

Q: How does Hopkinton know what future demands might be placed on municipal services by Legacy Farms, such as schools?

A: The Developer has worked with the Hopkinton School Department to determine the number of school aged children generated by the existing 500+ multi-family residences in Town, and the historic School Age Children (SAC) population generated by the universe of Hopkinton single family homes. The existing multifamily homes precipitate a ratio of 0.16 students per residence. In the Legacy Farms model this ratio was increased by 10% to a 0.175 SAC to provide a level of security for the estimates of students which may be added to the school system by the multifamily residential components of the Project. The existing single family Hopkinton SAC of 1.6 was used for the 50 Legacy Farms single family homes. It is estimated that over a 10 to 12 year period Legacy Farms will generate 236 new students or on average 20 students per year. It is important to note that, based on current school department studies, during the time frame Legacy Farms is under construction, the total enrollment in Hopkinton is expected to decline by approximately 500 students.

However, in spite of this conservative approach, to insure that school costs will be accommodated; Legacy Farms and the Town have agreed on a formula that if the total enrollment exceeds expectations Legacy Farms will be liable for additional costs.

Q: How will the fiscal impact of Legacy Farms compare to the alternative development which might be constructed on the Site if the OSMUD is not approved?

A: The fiscal impact associated with a single family build out scenario of 320 homes and a 200 unit 40B development would generate a net annual loss to the Town of approximately $2,340,000, at full build-out with a large majority of the annual fiscal loss as a result of the single family development component. The alternative development scenario would generate a negative annual fiscal impact from project commencement until completion. The annual cost to revenue ratio would be approximately 1.67 ($1.67 in service cost for every $1.00 of revenue generated) and this ratio will be sustained through project construction and beyond as an annual on-going significant net fiscal loss. The primary reason for the large annual net fiscal losses is that the alternative scenario would generate approximately 576 students as opposed to 236 for Legacy Farms (544 from the 320 single family homes and 32 from the 200 unit 40B component).

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Q: What impact is Legacy Farms expected to have on local roadways, including Routes 135 and 85, the existing downtown area and the entrance to the Hopkinton State Park, and what will the Project do to mitigate impacts on vehicles and pedestrians? What impact is the Project expected to have on regional roadways (impacting Ashland, Southborough, Holliston and other neighboring communities) and what will the Project do to mitigate such impacts?

A: The specific details of Legacy Farms' transportation-related impacts have been the focus of a 9+ month cooperative process between the Town, its consultant Fay Spofford & Thorndike, the Developer, its consultant Vanasse, Hangen Brustlin, Inc., and various other officials and decision makers. The focus of this process has been to a) develop an underlying model which replicates the existing conditions, b) projects forward over 10 years, c) proposes a series of transportation improvements and actions, to be implemented over time as the Project is built-out and d) address the Project impacts while respecting the character of the community. The traffic mitigation measures proposed to address Legacy Farms' impacts on the vehicular and pedestrian transportation environment are set forth in a Transportation Impact Access Study ("TIAS") and include physical modifications, signal upgrades and modifications, pedestrian and bicycle amenities, and Transportation Demand Management techniques. These mitigation and Transportation Demand Management strategies will be further reviewed and refined when the Master Plan Special Permit is sought, and when the various development components undergo Site Plan Review. The TIAS is available here.

Q: What Transportation Demand Management measures will be employed in operation of the Project? Will there be sufficient commuter rail and commuter parking area capacity for the Project?

A: A series of Transportation Demand Management techniques will be employed at the Site. These include the promotion of carpooling, integration with the Metro West Regional Transit Authority services, promotion of bicycle and pedestrian modes of transportation, and provision of a Legacy Farms connection to and from the Southborough commuter rail MBTA station, which will serve to reduce parking demands as well as promote transit ridership for this service.

Q: What will be the benefit of the Spine Road to Legacy Farms and to Hopkinton as a whole?

A: The Spine Road will serve two significant purposes. First, it will provide an alternative bypass to the downtown area of Hopkinton for residents and commuters who are traveling "through" the Town by connecting Route 85 and Route 135 in a relatively straight and unimpeded route. This would result in a significant improvement to existing traffic conditions. Second, it will provide a direct connection from both the northern and southern Project parcels to Route 85 and Route 135 so that traffic will not need to travel through the downtown area of Hopkinton (thereby eliminating the vast majority of the Project's impacts in this area of the community).

Q: What measures are proposed to protect existing residential neighbors from traffic impacts of the Project?

A: Legacy Farms is integrating and promoting the use of major routes such as Route 85 and Route 135 to access the Project. Existing residential neighborhoods will be protected from transportation intrusion through a carefully managed system of limited access options, provision of more convenient alternative routes, and a commitment to constantly monitor (and adjust if needed) the Project's impacts. More details about the proposed transportation measures can be found in the TIAS report.

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Q: How will the Legacy Farms secure its water? If the Alprilla Farms Well Expansion goes forward, what will be the impacts of the Alprilla Farms Well and the potential Spring Street Well reopening in Ashland on the aquifer? What benefits will the Town get from the Alprilla Farms Well Expansion? If the Alprilla Farms Well Expansion does not prove feasible, how will the Project secure its water?

A: Legacy Farms will derive its water from the Hopkinton municipal water system through the expansion, integration and development of the Alprilla Farms Well as an addition to the Hopkinton water system. This anticipated expansion to the Town's water system is being undertaken at the expense of Developer. Integrating the new water system with the existing Hopkinton water system infrastructure will enhance the Town's system with new and or improved water mains. This supplemented infrastructure, which will now enjoy significant redundancy, will improve the domestic and fire flow capabilities in East Hopkinton surrounding the Alprilla Farms Well site and Legacy Farms.

Legacy Farms is working in conjunction with the Town to evaluate and permit the Alprilla Farms Well site, which will require Commonwealth of Massachusetts permits for expansion of the water system. The expansion of the municipal water system to include the Alprilla Farms Well is being funded by Legacy Farms and is anticipated to generate in excess of 300,000 gallons per day of potable water that will be added to the Town's municipal system. It is estimated that the Project will require approximately 170,000 gallons per day, thus resulting in an anticipated overall net benefit to the Town in excess of 130,000 gallons per day of potable water. In addition, the proposed use of water by Legacy Farms is further offset by the elimination of most of the irrigation water demand related to the prior horticultural land use by Weston Nurseries, which will now be cultivating only 77 acres of land.

Preliminary testing and calculations indicate that the proposed water withdrawal will have no impact on groundwater levels in the area and, specifically, will have no impact on the other water supplies in the area including the shared Howe Street well, Ashland's and Spring Street well and the Hopkinton Reservoir.

In the event the development of Alprilla Farms well is not feasible, Legacy Farms will develop a water supply source on site, which will cause the Developer to suspend the Hopkinton Water System improvements.

Q: Have hydrological and geohydrologic studies been prepared to analyze how Legacy Farms will impact the water supply in Hopkinton and Ashland, the Hopkinton Reservoir and underground aquifer? If Legacy Farms uses water from the Alprilla Farms Well, will water be discharged into a different aquifer than the source aquifer? Is the Zone II adequately sized to protect the Ashland drinking water?

A: The Legacy Farms Team has prepared a hydrogeological study that analyzes the combined effects of the water withdrawal from the Alprilla Farms Well Site and the discharge to the groundwater of the treated effluent from the proposed wastewater treatment facility (WWTF). Some of the key conclusions of the analysis include:

• The direction of ground water flow in the vicinity of the proposed WWTF is southwest, flowing away from the Hopkinton Reservoir.
• The Alprilla Farms well is located in the same aquifer system and watershed as the treated effluent discharge for the proposed WWTF. The proximate locations of wastewater discharge and water supply optimize the water balance (water withdrawal and ground water recharge) to the underlying aquifer.
• The time of travel of ground water from all of the WWTF subsurface disposal areas to the Alprilla Farm well, or any other well is greater than two years, meeting the strict State-mandated recommendation.
• The preliminary Zone II of the Alprilla Farm well is physically separated from the Spring Street Well tributary area and accordingly the well will have no impact on aquifers in Ashland.

Q: Will the Project be served by municipal or private sewage services? Will the location of the Private Wastewater Treatment Facility impact the drinking water? How will waste be transported to the WWTF from the North Parcel? Will there be an opportunity for existing homes near the WWTF to be served by the WWTF for the Project?

A: The Project will be served by an on-site waste water treatment facility (WWTF) that will be designed, permitted and constructed as part of the Project under a Commonwealth of Massachusetts Groundwater Discharge Permit. The WWTF will be designed in accordance with Department of Environmental Protection regulations and will not adversely impact the aquifer. Wastewater from throughout the Site will be conveyed from the various neighborhoods developments via a series of sewer main lines. Where possible, sewer lines will flow by gravity. Where grades do not permit flow by gravity, sewerage will be pumped via "force mains".. Although the capacity of the Site to accept treated waste water has limitations, the WWTF is being planned to also accept waste water from approximately 29 existing homes in the area. The WWTF will be designed to treat waste water to re-use standards and to ensure that the minimum travel time for treated effluent to reach any local water supplies is in excess of the Department of Environmental Protection recommended two years.

Q: How will the Project protect existing wetlands on the Site?

A: Wetlands on the property were identified in December of 2006 and April of 2007 in accordance with criteria developed by the Massachusetts Department of Environmental Protection and the US Army Corps of Engineers. An Abbreviated Notice of Resource Area Delineation (ANRAD) to confirm the boundaries of wetland resources was filed with the Hopkinton Conservation Commission on August 10, 2007. The Commission issued an Order of Resource Area Delineation on January 7, 2008.

The Project has been configured to avoid disturbances and preserve/restore land adjacent to the other sensitive environmental resources on the Site. However, all work impacting wetlands including buffer zones will be reviewed by the Hopkinton Conservation Commission and will be the subject of Orders of Conditions. Some work, such as crossings of roadways, qualify as limited projects under the Wetlands Protection Act and will be subject to comprehensive suite of mitigation measures to compensate for any disturbances. Work within the buffer zone (within 100 feet of state and locally regulated wetland resource areas) also has been carefully planned to prevent direct and indirect impacts. A protective buffer that is at least 50 feet wide will be maintained between the limit of earthwork and the wetlands on the property. In addition, previously disturbed areas within the protective buffer zone will be restored to provide vegetative cover.

A comprehensive erosion and sedimentation control program will be implemented to prevent construction related impacts. Indirect impacts pertaining to the discharge of runoff from new development will be minimized through a variety of stormwater management and treatment measures consistent with low impact development techniques.

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Q: How will the Project continue the use of the land for horticulture, in view of the fact that the Commonwealth has begun to identify Prime, State and Locally Important Soils as jurisdictional qualifications that should be protected?

A: The Site has been actively used by Weston Nurseries for more than 65 years for horticultural purposes to grow nursery stock. As a result of this use and stormwater patterns at the Site, the Prime, State and Locally Important Soils that may have at one time existed on the Site have been eroded away over the last 65 years. The Site is now primarily gravel and cobblestones which are a result of exposing the underlying strata. This strata is primarily made up of Charlton, Hollis and Narragansett series and are part of rock outcrop complexes that develop from glacial till. Although the Mass GIS mapping shows that the Site includes approximately 284 acres of Prime Soils, these soils have, for the most part, been removed from the Site as a result of the horticultural activities by Weston Nurseries and/or erosion.

In conjunction with Legacy Farms, 77 acres of the Site will continue to be used by Weston Nurseries for horticultural purposes, and 11 acres of this area may be made subject to an Agricultural Conservation Restriction to benefit the Commonwealth as discussed above.

Q: How will any prehistoric and historic artifacts on the Site be identified and preserved?

A: Legacy Farms has engaged the services of archaeologists who have determined that the Site is in a section of Hopkinton that was used primarily as farmland. Most historic period development occurred in other sections of Hopkinton and the nearby center of Westborough where there were commercial and industrial districts and residential neighborhoods. The Site remained as primarily rural and agricultural through the eighteenth and nineteenth centuries and into the modern period. The existing nursery complex has dominated the Site since approximately 1942. Any remnant historic period archaeological sites are expected to reflect the agrarian practices and landscape alterations associated with the developing nursery complex.

Archaeological fieldwork has included identification/inspection of aboveground features such as stone walls, foundations, cart paths, and/or other cultural landscape elements contained within the Site. Any existing structures within the Site which are listed in the State Inventory will be retained and rehabilitated, even though these structures do not have the status of listing on the State Register of Historic Places.

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