HomeMy Public PortalAbout20090902 - Zoning Advisory Committee - Meeting Minutes
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ZONING ADVISORY COMMITTEE
Wednesday, September 2, 2009 7:00 PM
18 Main St., Hopkinton MA
MINUTES
PRESENT: Ken Weismantel, Chairman, Mavis O’Leary, Vice Chairman, Sandy Altamura,
David Auslander, John Coutinho, Carol DeVeuve, David Edson, Gary Haroian, Robert McGuire,
Craig Nation, Michael Peirce
Elaine Lazarus, Planning Director
1. Reorganization
Mr. Weismantel noted that since the Committee had been newly appointed, it needed to elect a
Chairman and Vice Chairman. Mr. Peirce stated he had not yet been sworn in and would abstain
from voting this evening.
Chairman: Mr. Auslander nominated Mr. Weismantel. Ms. O’Leary nominated Mr. Auslander.
Both nominations were seconded. Mr. Auslander declined the nomination because of time
constraints. There were no other nominations. The Committee voted 9 in favor of electing Mr.
Weismantel, with Mr. Peirce abstaining.
Vice Chairman: Ms. O’Leary nominated Ms. DeVeuve. Mr. Auslander nominated Ms.
O’Leary. Both nominations were seconded, and there were no other nominations. The
following members voted in favor of Ms. DeVeuve: O’Leary, Altamura, McGuire, Haroian. The
following members voted in favor of Ms. O’Leary: DeVeuve, Edson, Auslander, Weismantel,
Coutinho. Mrs. O’Leary was elected Vice Chairman.
2. Work Program
Mr. Weismantel noted that Ms. Lazarus had provided a list of work program items remaining
from last year and as suggested by others to date. He stated that these should be discussed along
with ones the Board representatives might suggest and those received at a public forum.
Mr. Haroian stated that Ken Driscoll, the owner of 89 Hayden Rowe St., discussed with him a
possible zoning change for the property. He noted that the property was recently renovated and
is leased to the schools for administrative offices, which is allowed under the Dover Amendment.
He stated that other uses of the building are limited by its zoning as Residence B. He stated that
Mr. Driscoll said he will work with Doug Resnick and then come to a meeting to propose a
change.
Mr. Nation arrived at this time.
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Mary Pratt, 102 Fruit St., suggested that the Wind Energy Systems bylaw be amended to allow
facilities on large parcels by right. She stated this will give the Town an advantage when
applying for grants under the Green Communities Act.
Mr. Weismantel stated that a citizen suggested to him that the Town should adopt an eminent
domain law so that land cannot be taken for economic development purposes. Mr. Peirce stated
that the Town can’t control the State, but it can control itself. He stated the statute says that land
can be taken for a public purpose, and the court has said that economic development is a public
purpose. He stated he does not think that the Town can pre-empt the state statute. Mr.
Weismantel noted that a local bylaw did not seem to make sense.
Mr. Peirce asked how the items on the list get prioritized. Mr. Weismantel stated that after the
public forum, the Committee will go through it, discuss each, and prioritize them.
3. Industrial B District – Building Trade Shops/Building Contractors
Mr. Weismantel described the process to date, noting that last spring the Planning Board and
ZAC began discussions about the proposed addition of a new use (building trade
shops/contractors) to the Industrial B (IB) district. It was noted that the zoning change to IB
requested by Capital Group Properties for 14 acres on Cedar St. had passed at town meeting, but
the proposed change to allow the new use had been deferred. Mr. Weismantel stated the issues
are how to allow the trades in the district and how he change impacts all of the land zoned IB,
not just the parcel on Cedar St.
Mr. Peirce stated there can be a lot of value in encouraging a use instead of writing a bylaw to
stop something, but it is necessary to identify where people want certain things to occur. A
discussion was held as to whether a new zoning district should be created for the Cedar St.
property as it may be considered unique compared to others zoned Industrial B. It was noted that
potential truck and heavy equipment traffic may be an issue.
Doug Resnick, attorney representing Capital Group Properties, stated he is not sure that this land
is unique compared to the other IB areas. He stated he is not sure a new zone is necessary. He
stated that other uses are allowed in the district that are comparable, and it would not be noisy or
inappropriate. He noted that landscapers are allowed without any standards.
Martin Loiselle, Capital Group Properties, stated they would expect small dump trucks, bobcats,
and backhoes on the property. He noted that the buildings would be about 50 ft. deep and 18 to
20 ft. high with tall garage doors.
Mr. Peirce asked if the concerns expressed in previous discussions were related to other locations
or to Cedar St. Ms. Altamura stated the main concern was the other districts, especially
Elmwood Park, where trucks would use Elm St. Mr. McGuire asked if the trucks can already use
Elmwood Park. Mr. Resnick stated there are buildings with the same or similar use at Elmwood
Park now. He stated that adding building trades to the list of permitted uses wouldn’t be much of
a change to what already exists. Mr. Loiselle stated that building trades are no more intrusive
than landscapers.
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Mr. Weismantel asked if people are concerned about encouraging flex space at Elmwood Park,
as it is of lower value from a tax revenue standpoint. Mr. Edson stated that near Rt. 495 is the
best place to put these uses, because of the easy access to the highway, thereby reducing the
amount of driving on local roads. Mr. Coutinho stated that bulk outdoor storage of loam, stone,
etc. should be avoided.
Ms. Altamura stated she reviewed the bylaws from other towns, and likes the “building trade
shop” definition used in Acton. She stated she is concerned about it becoming something
hideous, and has traffic/truck concerns. Mr. Peirce stated the risk of adding something is that it
could squeeze out the higher value uses. He asked about creating an IB-1 district where the use
was only allowed on Cedar St.
Mr. Resnick reviewed the list of uses already allowed in the IB district, noting that the proposed
use is consistent with them, outdoor storage is addressed in the bylaw already, and the IB district
is a good place for the use. The Committee discussed a possible new zoning district for the
parcel and placing restrictions on heavy equipment and truck traffic associated with the building
trades.
Ms. Lazarus asked why building trade shops would be more intrusive than landscaping
businesses, and whether it would be unfair to impose restrictions on truck/equipment traffic for
those businesses but not others.
After discussion, the consensus was that the building trade shop definition used in Acton would
be appropriate, and the use should be by right. Mr. Resnick reviewed the Acton definition and
stated it would be fine.
The Committee voted 10 in favor with Mr. Peirce abstaining to recommend that the Planning
Board propose the following changes to the zoning bylaw:
Add “building trade shop” as a permitted use in the Industrial B district; and
Add the following definition of building trade shop: An establishment for use by the
practitioner of a building trade, such as a carpenter, welder, plumber, electrician, builder,
mason, or similar occupation.
4. Administrative Business
The Committee voted 9 in favor with two abstentions (Peirce, DeVeuve) to approve the Minutes
of the meeting on April 1, 2009.
The Committee set the following meeting dates: September 21 at 7:00 PM (Public Forum);
October 7 at 7:00 PM; October 26 at 7:00 PM.
Adjourned: 8:30 PM
Elaine C. Lazarus, Planning Director
Approved: September 21, 2009