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HomeMy Public PortalAbout20151021 - Zoning Advisory Committee - Meeting Minutes 1 ZONING ADVISORY COMMITTEE Wednesday, October 21, 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, Mike King, Sarah Minsk-Eduardo, Mavis O’Leary, Paul Pilotte, Scott Richardson, John Savignano MEMBERS ABSENT: Bryan Brown, David Hamacher, Michael Peirce, Matthew Wade Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting; Liz Jefferis, Baypath Humane Society; Bill Proctor, Animal Control Officer; Mike Shepard, Assistant Building Inspector; Louisa DeCollibus, 72 Front Street 1. Animal Shelter The Committee reviewed a draft definition of animal shelter prepared by Ms. Lazarus. Ms. Altamura suggested including a limit on the number of animals that could be at the shelter, noting that Greyhound Friends has a limit. Mr. Proctor stated that Greyhound Friends is limited because there were issues in the past with overcrowding. He noted that places with 10 or more animals must have a kennel license per state law. He reviewed the levels of licensing required by State statute. The Committee discussed requiring a minimum amount of interior space per animal. Ms. Jefferis stated that the ASPA has space guidelines. She noted that at Baypath, they can have up to 15 dogs and 20 cats. Ms. Minsk-Eduardo states the Town would need to build municipal shelter if there wasn’t a contract with Baypath, and asked if there is a way to put it on town owned land. Mr. Pilotte noted that the language as drafted wouldn’t preclude that from happening, and the Board of Appeals would be issuing the special permit, setting number of animals, etc. He suggested that the number of animals might not have to be regulated in the bylaw, that the Board of Appeals could do that in the permit. Mr. Coutinho stated that the Committee should make sure the definition is crafted the way the Committee wants, then it can discuss where the appropriate places for the use are. Mr. Karp asked if the definition should include a minimum number of animals referencing the statute and a kennel license. Mr. Proctor replied that a number does n to need to be included, because each facility is different. The issue was discussed. It was noted that the Town has stopped holding rabies clinics because there is no good place to have them. The Committee made suggested modifications to the draft definition, noting that it would review the language again at the next meeting. The Committee discussed zoning districts and where an animal shelter could be located. Ms. Altamura stated she is concerned about noise. Mr. Proctor stated the dogs are in at night so it isn’t a problem. He noted that there was a kennel in Hopkinton several years ago, and a noise study was done. He stated the result was that the peepers were louder than the dogs. He stated that noise from houses with 1 or 2 dogs is more of an issue. He stated a kennel shouldn’t be in a residential neighborhood. Ms. Minsk-Eduardo stated she wants it to be on town owned land, operated in conjunction with the town. Mr. 2 Richardson stated that the Industrial B District shouldn’t include this as an allowed use if the Town intends to redevelop the Parkwood Drive area. The Committee decided to think about option for the next meeting, for further discussion. 2. Dog Day Care Mr. Shepard stated that they get a lot of inquiries from residents who want to have dog day care at their homes, and they respond that it isn’t allowed. He stated that about 10 years ago, a resident of East Main St. applied to the Board of Appeals for a variance to have dog day care, and the Board said no. He stated that eventually he issued a permit to have it as a home business because it was one, and none of the neighbors had a problem with it. He stated it has operated for 10 years, but he doesn’t want to issue another permit for the use as a home business because it won’t work well everywhere. He stated that the ZBA heard another application on East Main St. and it didn’t look like it was going to work traffic-wise, but the applicant died and it was withdrawn. He stated there are child day care facilities all over town, and dogs like to go to day care and socialize. He stated he doesn’t think there is a way to structure it so people can do this by right, so he recommends considering a special permit for the use so that neighbors get notice, they will react to it, and the ZBA will respond. He stated they can condition the use by limiting the number of dogs and not allowing boarding. He noted that the Town could allow it in some districts and not others. Ms. Altamura stated the Town shouldn’t allow the use. She stated it is not a home business, it is a business, and a very nuisance type business. Ms. Minsk-Eduardo stated that children at day care centers are loud too, and there is a lot of traffic in and out. Mr. Proctor stated that 2 or 3 people a year ask him about it too. He stated there needs to be something so they can be monitored and looked at. Mr. Richardson stated there is one that has been operating for years without any problems, so that might mean that the use can be ok. Mr. Proctor stated it is snobbish not to allow them here and to make residents to go to someone else’s neighborhood. Mr. Pilotte noted that the bylaw that deals with barking dogs could address any noise problems that come up. Mr. Coutinho suggested making it a use by special permit so if it is approved it can be with conditions. It was decided to work on a proposed definition that would include noise and odor control, supervised outdoor activity, the number of dogs set by the ZBA, and no sales of dogs. The Committee will continue its discussion at the next meeting. 3. House Concerts Mr. Shepard stated that someone called to indicate that someone in Town is holding house concerts and asked if it is an allowed use. He stated they looked into it and provided the information to the Committee, noting that they happen all over the country. He stated they are held inside and outside and are done carefully. He noted that zoning officials elsewhere have raised questions about the use. He stated he thought the Committee should be aware of it because people may bring it up. He stated that house concerts are by invitation only, one pays a donation, it is not a business, food is available, and a musician performs. He stated it happens at people’s houses. He stated that from his perspective there is no violation, but it is something that he wanted the Committee to be aware of. He stated that the one in Hopkinton is good about traffic and parking control, and there has only been a question about it and not a complaint. 3 Mr. Pilotte asked when the question/complaint was made, and Mr. Shepard stated it was within the last year. Mr. Karp stated it sounds like a private party at someone’s house. Mr. Shepard stated he doesn’t necessarily want to control them. Ms. Minsk-Eduardo stated there is already a process for handling nuisance complaints. Ms. DeCollibus thanked Mr. Shepard for bringing this forward, because it is a gray area. She stated they have a passion for bringing musicians in, and using the space on their property for this. She stated there is no space for doing cultural things like this in Town. She stated she invites the musician and all of the money is turned over to them. She noted that in Somerville, for example, events like this are sponsored by the city. She stated with respect to house concerts at her home, it is limited it 150 people, and it can be on the lawn or inside depending on weather. She stated they use the neighbor’s yard also. She stated the event ends by 10 pm. Ms. Altamura stated it sounds like fun, but she is concerned about the neighborhood. She stated she doesn’t think the town needs a bylaw right now, but if people have large concerts and it gets to be a problem, then the Committee can think about it. It was the consensus that no action is needed on this item. 4. Signs Ms. Lazarus stated that Town Counsel will attend a meeting in November to discuss the provisions of the Sign Bylaw that need to be modified due to a recent Supreme Court decision, but there are other areas of the bylaw that have been suggested for discussion and revision. Ms. Minsk-Eduardo stated the court case indicated that a town can’t restrict size, number, duration and location of one type of sign and not others, and it needs to be consistent. The Committee discussed the comments of the Design Review Board relative to the new Unibank on West Main Street. The Committee decided to look at the amount of wall signage that is permitted, and to obtain input from architects and designers as to what works. 5. Administrative Business The Committee reviewed the draft Minutes of Sept. 16, 2015. The Committee voted 9 in favor with Ms. O’Leary abstaining to approve the minutes as amended. The Committee reviewed the draft Minutes of Sept. 29, 2015. The Committee voted 8 in favor with Mr. Pilotte and Mr. Karp abstaining to approve the minutes as amended. The Committee discussed the agenda for the next meeting. Mr. Ciriello stated he would like to discuss car washes again, and prohibit them in the Downtown Business district. Adjourned: 9:00 PM Approved: November 30, 2015 Documents used at the meeting:  Letter dated 10/20/15 to Zoning Advisory Committee from Jeffrey Doherty, Design Review Board, re: Recommendations for the Sign By-law  Draft Minutes of the ZAC meeting on 9/16/15 and 9/29/15 4  Memo dated 10/19/15 to Zoning Advisory Committee from Elaine Lazarus, re: October 21, 2015 Zoning Advisory Committee