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HomeMy Public PortalAbout20150916 - Zoning Advisory Committee - Meeting Minutes 1 ZONING ADVISORY COMMITTEE Wednesday, September 16, 2015 7:00 PM Town Hall, 18 Main Street, Hopkinton MA MINUTES MEMBERS PRESENT: John Coutinho, Chair, Brian Karp, Vice Chair, Sandy Altamura, Ted Barker-Hook, Jim Ciriello, David Hamacher, Mike King, Sarah Minsk-Eduardo, Michael Peirce, Paul Pilotte, Scott Richardson, John Savignano, Matthew Wade MEMBERS ABSENT: Bryan Brown 1. Reorganization Mr. Coutinho noted that historically, the Zoning Advisory Committee has been a pragmatic group whose job it is to think things through. Committee members introduced themselves. Ms. Altamura nominated Mr. Coutinho for Chair. Mr. Peirce seconded the motion, and there were no other nominations. Mr. Wade nominated Mr. Karp for Vice Chair, and Mr. King seconded the motion. There were no other nominations. The vote in favor of both officers was Mr. Karp, Ms. Altamura, Mr. Barker-Hook, Mr. Ciriello, Mr. Hamacher, Mr. King, Mr. Pierce, Mr. Pilotte, Mr. Richardson, Mr. Savignano, and Mr. Wade in favor, with Mr. Coutinho and Ms. Minsk-Eduardo abstaining. Ms. Minsk-Eduardo noted she had not been sworn in yet, so would not be voting this evening. Ken Weismantel, Chairman, Planning Board, thanked members for volunteering to serve on the Committee, which he believes is one of the most important in town. He stated the Planning Board typically expects about 7 zoning articles to be proposed each year. He noted that some towns let their zoning bylaw sit unchanged over the years, and then hire consultants to fix it which overloads the voters. He stated that Hopkinton’s tradition is to do incremental changes every year, some of which are administrative, some of which are key. He stated that the Planning Board wants the Committee to do all the work, and it appoints everyone so there are divergent ideas. He stated that if the Committee comes up with something good, it will probably pass town meeting. 2. Animal Shelter - Baypath Humane Society Liz Jefferis and Susan Rossnick, Baypath Humane Society, appeared before the Committee. It was stated that their goal is to define the use in the zoning bylaw and allow it somewhere in Hopkinton, compliant with state animal control laws. It was noted that the existing facility on Rafferty Rd. has been there for many years, but they are an at-will tenant and the landlord, Eversource, is unwilling to enter into a long term lease. Ms. Jefferis and Ms. Rossnick noted that they would like to expand and modernize the facility, but are unwilling to make such an investment on Eversource’s land without a long term commitment. An overview of the Baypath Humane Society was provided, and it was indicated that they place over 1000 cats and dogs per year and have the animal control contract with the Town. The duties under animal control regulations were described, as were the programs that are offered on site. It was noted that the State has regulations with which they must comply, they have many volunteers and 7 employees. 2 It was stated that if the Town does not contract with an animal shelter, they would have to build one. Best practices for animal shelters were described, including managing disease, animal hygiene, behavior, public safety, and being a good member of the community. It was stated that they would like an environment that is welcoming to the public where there is minimal barking/sound, and a conservation minded approach with natural lighting and air exchange in the facility. In response to a question, Ms. Rossnick stated that Baypath is considering moving because they are on leased land with a one year lease, and the landlord can evict them at any time with 30 days notice. She stated they want to expand services and improve the facility, but they can’t do it in the current location. She stated that Eversource is not interested in doing anything. Mr. Karp asked how much land there is at the current location and how much is needed. It was stated that they currently have 1 acre and 1,700 sq. ft. of indoor space, and the typical shelter is 7,500 sq. ft. of indoor space on 2 to 3 acres. Ms. Altamura suggested that the Board of Selectmen could reach out to Eversource and talk to them about a long term lease, noting it is a good location. She suggested that dog day care should also be addressed and prohibited. She expressed concerns related to noise and activity. Mr. Peirce stated he wouldn’t anticipate that this would be a by-right use, and it could be addressed by special permit with restrictions on use, noise and setbacks, etc. Mr. Richardson suggested that Ms. Lazarus investigate how other towns regulate the use, then the Committee could draft regulations for Hopkinton if people decide it is the right thing to do. Ms. Altamura asked what Baypath’s timeline is for building, if it found the perfect spot or if Eversource agreed to a long term lease. Ms. Rossnick stated they have done some preliminary fundraising, but would have to start in earnest if they have a location, and it could take some time. Mr. Hamacher stated he would highlight the soundproofing etc. and other features of a new facility that would be an improvement, noting that he can hear the facility from his house. Mr. Peirce suggested that the applicants look at the zoning bylaw to see how certain uses are regulated, with minimum lot size, parking, setbacks, etc., and provide information so that something can be put together. Mr. Pilotte asked if the Committee should wait until fundraising is further along and there are more solid plans before zoning bylaw changes are proposed. It was stated that Baypath cannot conduct fundraising for a facility without knowing where it will be, and without preliminary plans to show potential donors. Baypath will work with Ms. Lazarus to provide information for further Committee review. 3. Car Wash Mr. Coutinho stated he doesn’t like driving to other towns to wash cars, and he would like to expand the car wash use to other zoning districts where they are more likely to be built, such as the Industrial districts. It was noted that car washes are presently allowed in the Business and Downtown Business districts by special permit. Mr. Hamacher suggested also allowing it in the Rural Business District, which is near Rt. 495. Ms. Minsk-Eduardo stated she doesn’t think that the use should be expanded to other districts, adding that the use is not in the character of the town. Mr. Richardson stated he wouldn’t want one downtown or across from the schools, which 3 is where the use is currently allowed, so the question is where the better location for this use is. Mr. Coutinho stated it could be designed so one doesn’t even know it is a car wash. Mr. Ciriello stated his concern is the water use and traffic, noting that there are very few places that could accommodate 3 cars waiting in line, but perhaps on South St. might be ok. Mr. Coutinho suggested that the commercial areas on Lumber St. would also be acceptable. Ms. Altamura stated the use is unattractive and not in the character of the Town. She stated that if it does go forward, then the bylaw should require water recycling. She noted that vehicle queueing is also a major concern. Mr. Coutinho stated that it might be a good idea to increase traffic in Hopkinton, as visitors will patronize other businesses and activities here. Mr. Hamacher stated that people will want a car wash on the main road rather than on side streets, for convenience. Mr. Karp stated he doesn’t think they should be downtown, and the industrial areas make more sense. Mr. Barker-Hook expressed concern about idling/queuing cars affecting air quality. Mr. Peirce disagreed, noting that there is more of an air quality impact from the traffic jams already experienced throughout town. Mr. Coutinho suggested that the Committee look at potential locations and lot sizes, so that they are large enough to allow queueing to avoid backups on the street. Ms. Altamura noted that the Committee can’t pick specific sites. Mr. Pilotte suggested that the lack of a car wash in Hopkinton isn’t enough of a problem that requires changing the zoning, noting that there are ones close by in surrounding towns. He stated he doesn’t see the compelling need, and where they would be most convenient are places where people don’t think they would look good. Mr. Pilotte moved to table the issue, and Mr. Hamacher seconded the motion. Mr. Richardson stated he is hearing that people think the use should not be allowed at all. He stated people agree that no one wants it downtown, the lots aren’t big enough, and he would be in favor of not allowing it in the Downtown Business district. Ms. Altamura states she would like to remove the use completely from the zoning bylaw. The vote on the motion to table was unanimous with Ms. Minsk-Eduardo abstaining. 4. 79, 81, 83 Hayden Rowe – Proposed Zoning Change Wayne Davies, attorney representing the owner of 79 Hayden Rowe, appeared before the Committee. He referred to correspondence from him to the Committee regarding a proposed rezoning of 79, 81 and 83 Hayden Rowe from Residence A to Business. He stated that 79 Hayden Rowe has been in business use since 1979, when the Board of Appeals granted a use variance. He described the location of the properties. Mr. Pilotte stated he was at a recent Planning Board meeting when this was discussed, and abutters present were opposed to the change. Mr. Davies stated they are trying to bring the use into conformity with what it is. He stated it will eliminate a nonconforming use, unify the Business District and recognize that 81 and 83 Hayden Rowe is a residential property but is surrounded by business uses. He stated the Town created this problem for the homeowner so the Town should give him more value by zoning it as business. He stated the issue discussed by the Planning Board was business creep, but this is a red herring because there are no other businesses to connect to. Mr. Peirce stated that one has to look at zoning as evolutionary, reflecting changes to the community over time. Ms. Altamura asked what uses are allowed in the Business District, and 4 Mr. Richardson read the uses in the bylaw. Ms. Altamura stated there are a lot of by-right uses in the Business district that could highly impact traffic and neighbors, and it will be a hard sell at town meeting. Mr. Ciriello stated that #79 operates under a use variance, and asked what the advantage of rezoning is to the business. Mr. Davies stated the use is limited by the variance, and businesses need to change and grow. Mr. Coutinho stated that this Committee is not here just to stop things, and when landowners come forward, the Committee should hone it and make it palatable, then send it to the Planning Board. He stated that this Committee shouldn’t stop anything. He noted that they have a problem because the town put businesses there. Mr. Hamacher noted there is a funeral home nearby and that’s a business too, and asked why this Committee would stop the proposal from going forward. He asked why the proponents are before the Committee when they have already been to the Planning Board. Mr. Davies stated they are here as a courtesy. Mr. Hamacher moved to recommend the change to the Planning Board. The motion was not seconded. Mr. Karp noted that 79 Hayden Rowe hasn’t been a residence for 41 years, and it won’t go back to being a residence. He stated it makes sense to give them the opportunity to operate in a business zone, noting that there is a business district nearby which would be enlarged. Ms. Minsk-Eduardo stated it might be easier to sell the property as a business if it is in a business zoned area. She stated her concern is the type of business, because the schools are nearby. Mr. Pilotte stated the by-right uses allowed in the Business District are a concern, but he could support it if the immediate abutters are in support. He asked if there is any information as to how they feel about it. Mr. Davies stated the next step is a formal public hearing before the Planning Board, where abutters would be notified. Ms. Altamura stated the Committee should table it until after the next meeting, and invite the neighbors to that meeting. Mr. Peirce disagreed, noting that people will speak at the Planning Board hearing. He stated that if the Committee thinks that the concept makes sense from a zoning standpoint, it can pass it along and then the Planning Board can evaluate it. Mr. Richardson suggested including it on the public forum agenda. Mr. Peirce moved to move to pass the proposal along to the Planning Board. Mr. Hamacher seconded the motion. Ms. Minsk-Eduardo stated the Committee’s job is to decide for the town what it wants the town to represent as a community, and that is the mission of zoning. She stated the members are here to decide the appropriate zoning. She stated there should be a logical, rational decision made with sufficient information, then recommendation should be made when it has been fully discussed. She stated she would like more information. Mr. Richardson asked what additional information would be needed, the zoning bylaws describe the uses allowed, and there is a proposal before the Committee. Ms. Minsk-Eduardo stated she is concerned that it could be any business, and in this location it could have a negative impact on the community. She stated she would like feedback from the abutters. Mr. Weismantel stated the Planning Board doesn’t mind if the Committee gets into the minutia and invites abutters in for discussion, and it has invited abutters to meetings in the past. He stated that any early work to get the Town comfortable with a proposal makes the process better 5 in the end, and there is plenty of time. Mr. Coutinho disagreed, stating that the Committee doesn’t need to contact people regarding this proposal. Mr. Barker-Hook stated the downside is that the process would be slower, but this is how it should work. He stated an extra meeting shouldn’t be a problem. Joe Antoniades, 81 Hayden Rowe, stated that businesses have doubled around him since he moved there in 2003. He stated he looks out at a parking lot, construction equipment, the Parmenter septic business, and a giant truck parked at the former gas station every night. He stated that there is no view from his home that isn’t a business. He stated that the nearest neighbor is 2 acres away. Mr. Davies noted that the Planning Board must hold a public haring and make a recommendation to town meeting, but town meeting will vote on it. He stated that a recommendation from this Committee is whether the Planning Board should consider it, after giving notice to abutters and having a public hearing. He stated that the Committee’s standards should be low, and the proponents are not required by law to come here. The vote on the motion to pass it along to the Planning Board was Coutinho, Karp, Ciriello, Hamacher, King, Peirce, Pilotte, Richardson, Savignano, and Wade in favor, Mr. Barker Hook and Ms. Altamura opposed, and Ms. Minsk-Eduardo abstaining. 5. Administrative Business It was noted that Anne Beauchamp, proponent of a proposed zoning change pertaining to pharmacy drive-up windows, had withdrawn the request. The Committee decided to meet next on Sept. 29, and hold its annual public forum on that date. The mission of the Committee was discussed. Mr. Hamacher moved to approve the Minutes of the April 6, 2015 meeting. The motion was seconded and the vote was unanimous, with Ms. Minsk-Eduardo abstaining. Adjourned: 9:10 pm Approved: Elaine Lazarus, Director of Land Use, Planning and Permitting Documents used at the meeting:  Letter to John Coutinho, Chairman, Zoning Advisory Committee, from Wayne Davies dated 8/11/15, re: Rezoning from RA to B, Lots: U19 174 0, U19 175 0, U19 175 2, 79, 81, 83 Street, Hopkinton MA  Memo dated 9/1/15 to Zoning Advisory Committee from E. Lazarus re: September 16, 2015 Zoning Advisory Committee meeting  PowerPoint presentation entitled “Baypath Humane Society of Hopkinton, Prepared for Hopkinton Zoning Advisory Committee, September 16, 2015”.  Draft minutes of the April 6, 2015 Zoning Advisory Committee meeting  2015 Hopkinton Zoning Bylaw