HomeMy Public PortalAbout20131209 - Zoning Advisory Committee - Meeting Minutes
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ZONING ADVISORY COMMITTEE
Monday, December 9, 2013 7:00 PM
Town Hall, 18 Main St., Hopkinton MA
MINUTES
MEMBERS PRESENT: John Coutinho, Chair, Carol DeVeuve, Vice Chair, Sandy Altamura,
Fran DeYoung, Ria McNamara, Mavis O’Leary, Scott Richardson, Michael Peirce
MEMBERS ABSENT: David Hamacher, Matthew Tighe
Present: Elaine Lazarus, Director of Land Use, Planning & Permitting
1. Downtown Business District
The Committee reviewed the zoning map, specifically the boundary line between Downtown
Business and Residence A in the center of Town. The Committee discussed the disadvantages to
an owner of a small lot that is split by a business and a residential district, noting that each
portion has different allowed uses. The Committee discussed whether over time there is the
possibility of someone assembling several small parcels to create larger ones, and whether this is
desirable from a historic preservation and development standpoint. The Committee noted that it
would be important to know the opinions of the property owners before proposing major
changes, but there are some lots with a small portion in one district that could be addressed in
2014. It was unanimously voted that Ms. Lazarus would prepare a map for the next meeting
showing each such lot with the proposed change, tentatively including 19 Cedar St., 5 Cedar St.,
13 Summer St., 20 Mayhew St. and lots on Claflin St., and that the Committee would finalize its
recommendation to the Planning Board at the next meeting.
2. Lot Frontage, Industrial A, Industrial B, Office Park and Professional Office Districts
The Committee discussed whether to eliminate the requirement that frontage in the Industrial A,
Industrial B, Office Park and Professional Office Districts be on a public way. It was noted that
removing the requirement would default to the frontage requirement for other lots in Town,
namely the description contained in the bylaw’s “lot frontage” and “street line” definitions.
Those provisions indicate that a street right of way may be public or private. In response to a
question, it was noted that all new streets, whether public or private, are laid out in accordance
with MGL c.41, Sec. 81K-81GG, the Subdivision Control Law, require Planning Board approval
and are subject to the same standards.
The Committee considered whether the language pertaining to these districts should require
frontage on a public way or a private way open and dedicated to the public use. It was noted that
defaulting to the existing definitions may mean the same thing, and there was concern expressed
as to a possible domino effect of removing the public way requirement. It was moved and
seconded to recommend deleting “on a public way” from the bylaw provisions, subject to a
review of possible domino effects at the next meeting. The vote in favor was unanimous.
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3. Exterior Lighting
Mr. Coutinho noted he reviewed materials he found online, and referred to dark sky provisions
where instead of a lumens standard, it is more of a minimum/maximum of illumination per acre.
He noted that the dark sky organization says that pole height restrictions end up with more light
and reflection below them because there are more of them. Ms. McNamara stated that allowable
lighting levels should be related to the type of use, and agreed that shorter poles can result in a
light problem. Ms. Altamura stated that the Town should restrict overall light and hot spots. She
stated she wants people to think about their lights more. Mr. Richardson stated that it might be
helpful if a lighting professional could attend a meeting to provide information to the Committee
on this issue.
The Committee discussed possible standards and restrictions that might be contained in a
townwide lighting bylaw. Ken Weismantel, Planning Board, suggested that one quick solution
might be for the Committee to think only about changing the Site Plan Review light standard at
this time, because there might be a better chance of passing at town meeting. Mr. Peirce noted it
might be easier if there were visual depictions of what a given situation is, so that it can be less
subjective. It was the consensus that education and information from a lighting professional
would be important, and to table this item for now.
4. Business Hours of Operation
The Committee reviewed a bylaw that was proposed in 2004 but not adopted, and noted that
surrounding towns do not restrict hours of operation in a general way. It was noted that most
towns restrict certain business on a case by case basis through site plan review, special permits
and alcoholic beverage licenses. The Committee discussed how imposing a new townwide
bylaw could apply to existing businesses, including compliance upon sale of a business. It was
noted that a bylaw should exempt businesses that have alcohol licenses, as the hours are
regulated by the Board of Selectmen. Mr. Coutinho asked whether businesses closer to Rt. 495
should have different hours, and the consensus was no.
5. Administrative Business
The Committee voted unanimously to approve the minutes of the meeting on November 25,
2013. The Committee set the following meeting dates: January 13, 2014, February 3, 2014.
Adjourned: 9:00 PM
Elaine Lazarus, Director of Land Use, Planning and Permitting
Approved: January 13, 2014
Documents used at the meeting:
Meeting agenda
Memo dated 12/5/13 to Zoning Advisory Committee from Elaine Lazarus
Current Zoning Map
Article 26, 2004 annual town meeting, Chapter 127, Retail Hours of Operation
Article ___, Exterior Lighting, Draft 12/5/13
Draft Minutes, 11/25/13 Zoning Advisory Committee meeting