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HomeMy Public PortalAbout20091123 - Zoning Advisory Committee - Meeting Minutes1 ZONING ADVISORY COMMITTEE Monday, November 23, 2009 7:00 PM Town Hall, 18 Main St., Hopkinton MA MINUTES PRESENT: Ken Weismantel, Chairman, Sandy Altamura, Carol DeVeuve, Robert McGuire, Craig Nation, Mavis O’Leary, Michael Peirce Elaine Lazarus, Planning Director 1. Entrance Corridor Overlay District The Committee discussed the proposal of Steven Zieff to establish an Entrance Corridor Overlay District along the roadways serving as the main entrances to Hopkinton. The bylaw would regulate specific items, including fences, curb cuts and maintenance items. A similar bylaw in Salem was reviewed. Ms. DeVeuve stated she doesn’t think the restrictions would be appropriate to impose in residential properties. Mr. Peirce agreed. Ms. Altamura stated the concept could be looked at, but she doesn’t want to affect residential properties either. Mr. Weismantel stated he would have a problem regulating fences, and curb cuts are not a problem. He stated it seems to go too far. Ms. Altamura noted that Mr. Zieff was not present and further discussion should be tabled until he can be present to discuss it. The Committee voted unanimously to table the matter until Mr. Zieff is present to discuss it, and to dismiss it entirely if he does not attend. 2. Downtown Parking Mr. Weismantel noted that after review of the downtown parking study data and the additional information provided, he does not think that parking is a problem today. He added that if one looks at the way the Town wants the downtown to be, it may be insufficient for that level of development. Ms. Altamura stated that people can go to downtown and park and walk. She stated that if new businesses come in, there needs to be a mechanism to address increased parking needs. Mr. Peirce stated he thinks there should be some requirement in place so changes of use can be evaluated. He stated that every downtown grew up when there were no parking regulations. He stated that Hopkinton needs to allow businesses to reasonably expand and grow, but if there are dramatic changes and impacts, such as adding a second floor or a large restaurant, there needs to be a way to address that. He suggested concepts such as an automatic credit for existing space or a site plan analysis. He suggested a waiver or special permit mechanism to address future modifications to properties. He noted that it is a very small downtown with residential neighborhoods directly adjacent. Mr. McGuire suggested requiring additional parking only if the expansion is a 40% increase over what exists. Mr. Weismantel noted that the Town doesn’t provide enough parking for its uses, and municipal lots should be created. He stated that Hopkinton Drug and Bill’s Pizza have extra land and the Town could negotiate for shared/municipal parking there. He stated there should be a recommendation made that municipal lots be created. 2 The Committee reviewed a possible bylaw change that would state that additional parking spaces are only required if the number of spaces exceeds a specified number. The Committee reviewed parking requirements in other downtowns. Mr. Weismantel noted that on-street spaces should be taken into account. Ms. DeVeuve agreed that municipal uses are the root of the problem. She stated that she thinks the requirement for parking should be based on a percent of the use, noting that there are a lot of small spaces that if changed, could affect parking needs. A bylaw provision applicable in the downtown that would require 50% of the requirement minus on-street spaces was discussed. Mr. Peirce noted that the Town’s parking requirement for restaurants seems too high, and suggested a requirement of 1 per 3 seats instead of 1 per 2. He stated that parking in downtown could be a problem at some point if enough people developed. He noted that restaurants add vitality to a downtown and usually have their peak hours in the evening when other businesses are closed, so customers have more parking options. The Committee discussed how to treat new businesses, including whether there should be a by- right reduction in the parking requirement or the ability to waive the requirement by special permit if the peak hours of operation are different than other businesses. The Committee decided that bylaw amendments to accomplish the following should be developed for review: a) Reduce the parking requirement for restaurants to 1 space per 3 seats town-wide. b) In downtown, reduce the parking requirement by 50% via an automatic waiver if certain criteria are met, and authorize a special permit process to address situations where the criteria are not met and reductions below the 50% number. c) Allow a use to take credit for on-street parking spaces on the street directly adjacent to the lot and between the side lot lines. 3. Entrance Corridor Overlay District Steven Zieff, Baystone Development, joined the Board. He described the proposal, noting that as the community matures, there are public benefits that are served by controlling the entrances to town. He stated that if the Town does not want to deal with residential uses, then it’s a moot point and he stated doesn’t want to push it if that is the case. He stated he wants the Town to be well maintained, and understands there needs to be the enforcement capability there also. Mr. Weismantel asked Mr. Zieff to explain the Salem experience. Mr. Zieff stated that Salem hasn’t used the regulations like it could. He stated that communities don’t always want to take the initiative to make a better impression of itself. He noted that a strong DPW that cleans up makes a difference and sets a tone. He stated that the encouragement of maintenance and adherence to standards makes a difference. The Committee discussed options and whether such a measure would be adopted by Town Meeting. Mr. Peirce stated that maintenance and street furniture isn’t necessarily a zoning issue. He stated it isn’t really possible to offer incentives to people, such as tax credits, if they maintain property. He stated what is needed is a partnership, not a zoning change. 3 The Committee voted unanimously to remove the item from its work program. Mr. Zieff stated the Town should consider a Business Improvement District downtown. 4. Lighting Mr. Weismantel noted that at the present time, the Town does not have lighting regulations, and the Planning Board addresses it as part of the site plan review process. Ms. Altamura stated the Town needs a simple regulation that requires that lights be pointed down and shielded. Mr. Peirce referred to an ordinance in Newton relative to light trespass, which is excessive. He noted there may be value in dealing with excessive lights, such as from home businesses which are in residential neighborhoods, and the Town could state that no light could leave the property. The Committee reviewed bylaws from other towns. The Committee noted that some provisions of the Chilmark bylaw appeared appropriate. The Committee discussed enforcement, with a first offense only punishable by warning. The Committee requested that Ms. Lazarus draft a bylaw in line with what was discussed, which exempts street lights at a minimum. 5. Administrative Business The Committee set its next meeting date for December 9, 2009 at 7:00 PM. The Committee voted 6 in favor with Ms. O’Leary abstaining to approve the Minutes of the November 9, 2009 meeting. Adjourned: 9:00 PM Elaine C. Lazarus, Planning Director Approved: December 9, 2009