HomeMy Public PortalAbout20150107 - Zoning Advisory Committee - Meeting Minutes
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ZONING ADVISORY COMMITTEE
Wednesday, January 7, 2015 7:00 PM
Town Hall, 18 Main Street, Hopkinton, MA
MINUTES
Members Present: John Coutinho, Chair, Sandy K. Altamura, Jim Ciriello, Mavis O’Leary, Ria
McNamara, Michael Peirce
Members Absent: Carol DeVeuve, John Ferrari, David Hamacher, Scott Richardson
Present: Elaine Lazarus, Director of Land Use, Planning and Permitting
1. Exterior Lighting Bylaw
Mr. Coutinho stated he talked with Town Counsel today to ask about lighting regulations and
whether they should be in a general or zoning bylaw. He stated that he was advised that the
zoning bylaw was the best place for it, due to the provisions for enforcement and grandfathering
of existing uses. Ms. Altamura stated that the Town needs something on the books, so the
Committee should proceed with reviewing the draft bylaw, which would be a zoning bylaw. She
recommended that the maximum height for pole mounted lights should be 12 ft. rather than 17 ft.
as is in the draft. Mr. Peirce stated he doesn’t agree, and it is more about how much light should
be on the site rather than the height of a pole, and light can be too bright regardless of its height.
He asked if there is a standard for illumination now, and it was noted that the Site Plan Review
bylaw references the IESNA standards, and states that light can’t go off the site. Mr. Peirce
stated the standard should be how much light bleeds off the site, and the pole height doesn’t
matter. Ms. McNamara noted that this issue has been faced by the Design Review Board many
times, and if someone is standing in the parking lot or the house next door, they can see the glare
of the light if it is mounted too high. She stated the lights shouldn’t negatively affect residents.
She stated that she understands why commercial properties need light, but pole height is
important and people shouldn’t be able to see the bulb. Mr. Peirce stated it is more about the
design of the fixture, not the height. Ms. Altamura stated that the future Dunkin’ Donuts in the
Rural Business District is an example where the poles are so high it will be glaring into bedroom
windows. She stated the Design Review Board wanted them lower and Dunkin’ Donuts
wouldn’t do it. Ken Weismantel, Planning Board, stated that the poles adjacent to the residential
property were lowered to 15 feet. Ms. McNamara stated that the referenced IESNA engineering
standards are not a good enough guide.
The Committee discussed the issues. Mr. Coutinho stated that any proposed bylaw change
shouldn’t be just a reaction to one or two problem areas or sites, it should be reasonable and
should reflect appropriate design for all sites. Committee members agreed. Mr. Peirce stated
there should be a maximum lumens allowed for safety and no bleed of light off the site.
Mr. Weismantel noted that the current Site Plan Review zoning bylaw requires compliance with
the IESNA standard for the specific use, and the bylaw could be modified to specify that it is the
low end of the IESNA range that is applicable.
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After discussion, it was moved and seconded to recommend an amendment to the site plan
review section of the zoning bylaw which would change the standard to the minimum
illumination level of the IESNA range, limit pole height to 15 feet measured from the ground to
the bottom of the fixture, require fully shielded downward facing fixtures, and all of sections
210-208 and 209 in the draft Exterior Lighting bylaw. It was noted that this would include a
provision allowing the Planning Board to grant a special permit to modify the standards. The
vote on the motion was 5 in favor (Coutinho, McNamara, Altamura, Ciriello, O’Leary) with one
opposed (Peirce).
2. Special Permit Language
Ms. Lazarus explained the proposed housekeeping changes to the zoning bylaw to consolidate
and reorganize the references and criteria for granting special permits. She noted that none of
the changes would modify what special permits are issued, by whom, and the standards used to
grant them. The Committee voted unanimously to recommend the changes to the Planning
Board.
3. Indoor Recreation – Definition; Industrial B District
The Committee reviewed the draft wording of a definition of “indoor recreation”, and an email
from the Director of Municipal Inspections commenting on the draft. The Committee agreed to
incorporate the changes recommended in the email. The Committee voted 5 in favor (Coutinho,
Peirce, McNamara, O’Leary, Ciriello), none opposed, with one abstention (Altamura) to
recommend the definition to the Planning Board as amended. Ms. Altamura stated she is still
concerned that the structure could be a large translucent dome/air supported structure, which
would not be appropriate.
The Committee voted unanimously to recommend that the Board of Appeals be designated as the
special permit granting authority for indoor recreation uses in the Industrial B district.
4. Downtown Business District
The Committee reviewed draft criteria for the granting of special permits which would allow
parking between a principal building and the street in the Downtown Business District. In
response to a question, Ms. Lazarus explained that the language would require the Board to find
that the parking enhances the downtown streetscape rather referring to it not substantially more
detrimental, because the goal is for the downtown to be improved over time and not just remain
the same or to not get worse.
A motion was made and seconded to recommend the language as revised, changing “shall” to
“may” in the second sentence. The Committee voted unanimously in favor of the motion.
5. Flexible Community Development Bylaw
The Committee discussed the purpose of the bylaw and of the proposed amendments. Mr.
Weismantel stated he is concerned about developments with fewer than 10 units which
cumulatively contribute to the need to meet affordable housing goals, but aren’t required to
provide units. Mr. Peirce noted that Newton’s bylaw requires that a percentage of density bonus
units be provided as affordable units, not a percentage of the market rate units.
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The Committee discussed various options and how the bylaw would work if modified to require
more units and/or a payment in addition to units. The Committee noted that a balance between
all of the various issues is important to achieve. It was the consensus that the modifications
would not be ready for the 2015 annual town meeting, as the Committee needs to think about
how the bylaw should work in the future when the Town reaches the 10% goal this year. It was
decided to table any proposed changes for this year.
6. Signs
The Committee reviewed draft sign bylaw modifications based on the discussion at the last
meeting. After discussion, it was decided not to limit sign lighting to white only and to allow
internally lit signs where letters and characters are illuminated. The Committee decided to
include in the beginning of the bylaw a description of the sign permitting process, which would
be helpful for applicants. The Committee decided to recommend items I and J in the draft,
relating to design and placement of signs and off-premises signs.
7. Crossroads Redevelopment District
Steven Zieff appeared before the Committee and stated that the Crossroads rezoning proposal is
not on the agenda, but he wanted to provide an update to the Committee. He stated the proposed
bylaw was redrafted and is being reviewed, and they hope to get comments this week. He stated
that a draft would be discussed with the Committee at its next meeting.
8. Administrative Business
The Committee decided to meet next on January 21, 2015. The Committee postponed approval
of the December 8, 2014 minutes until the next meeting.
Adjourned: 9:00 PM
Elaine Lazarus, Director of Land Use, Planning and Permitting
Approved: January 21, 2015
Documents used at the meeting:
Memo dated 1/2/15 to Zoning Advisory Committee from Elaine Lazarus re: Jan. 7, 2015 Zoning
Advisory Committee meeting
Email 1/5/15 to Elaine Lazarus from Chuck Kadlik re: Indoor Recreation Facilities
Article XXVII, Signs, 12-29-14 For Review by ZAC
Article XI, Flexible Community Development Bylaw Draft 12/26/14
Exterior Lighting, Draft March, 2014
Consolidated Special Permit Language 12/29/14