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