The text
(A)
Application. An application for a special-use permit listed in the district use table in Section 5 of this ordinance may be made by filing an application form with the required supporting information in the office of the zoning enforcement officer or, if the application is filed concurrently with an application for land development project approval, in the office of the administrative officer. The form is an appendix to this ordinance and is incorporated herein and made a part of this ordinance.
The zoning enforcement officer or the administrative officer has the authority to waive submission of supporting information at the request of the applicant, provided, however, that the zoning board of review or the planning board has the authority to require submission of any information for which submission was initially waived. If the zoning enforcement officer or the administrative officer denies a waiver request, the applicant has the right to appear before the zoning board of review or the planning board to request the waiver.
Upon receipt of the complete application, the zoning enforcement officer or the administrative officer shall immediately schedule a public hearing. If the zoning board of review will hear the application, a copy shall be transmitted to the planning board.
(B)
Planning board recommendations. The zoning board may request that the planning board or the town planner provide a written statement on the general consistency of the application with the goals and purposes of the comprehensive plan within thirty (30) days.
(C)
Notice and hearing. The zoning board shall hold a public hearing on the application in an expeditious manner and shall give notice of the public hearing at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in Hopkinton. The notice shall include the applicant's name and address and the street address and plat and lot number of the subject property, and shall describe the relief sought. The notice shall state the date, time, and location of the public hearing. The applicant shall pay the cost of the advertisement. At least fourteen (14) days before the date of the public hearing, the clerk of the zoning board of review shall send notice of the public hearing by first class mail to the applicant and to:
(1)
The owners of property within two hundred (200) feet of the property that is the subject of the application, whether located in Hopkinton or an adjacent town.
(2)
The town council of any town adjacent to Hopkinton, if the subject property is located within two hundred (200) feet of the boundary of that town.
(3)
Any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application.
The applicant shall pay the cost of the postage. At least fourteen (14) days before the date of the public hearing, the notice shall be posted in the town clerk's office, in one (1) other municipal building, and on the home page of the town's website.
(D)
In granting a special-use permit, the zoning board shall be satisfied by legally competent evidence that:
(1)
The proposed use will be compatible with the neighboring uses and will not adversely affect the use and enjoyment of nearby property.
(2)
The proposed use will be constructed or established at a location in the zoning district where it will be consistent with the character and appearance of nearby uses.
(3)
The proposed use will be compatible with the orderly growth and development of the town, and will not harm the environment.
(4)
That all best practices and procedures to minimize the possibility of any adverse effects on neighboring property, the town, and the environment have been considered and will be employed, including but not limited to considerations of soil erosion, water supply protection, septic disposal, wetland protection, and traffic limitation, safety and circulation.
(E)
An applicant may apply for, and be issued, a dimensional variance for a use allowed by special-use permit, provided, however, that a dimensional variance shall not be granted for a solar energy system that is allowed by special use permit. If the special use could not exist without the dimensional variance, the board shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate, based on both the special use permit criteria and the dimensional variance evidentiary standards.
(F)
Specific and objective criteria. All uses designated as an "S," special use permit required, shall be required to provide evidence, to the satisfaction of the permitting authority, that the specific and objective criteria for such use as required in this section have been satisfied.
(1)
Neighborhood Gasoline Service Station.
(a)
Sited to provide for: (1) not less than one hundred fifty (150) feet of frontage; (2) gasoline pump islands set back at least twenty-five (25) feet from the street line; (3) all other structures, except underground tanks, set back at least forty-five (45) feet from the street line; and (4) side and rear yards at least the minimum applicable dimension specified in the table of dimensional regulations.
(b)
Driveways shall be at least twenty-four (24) feet wide and shall have at most two (2) openings on a single street. No driveway shall be less than fifty (50) feet from any corner lot line, ten (10) feet from any side lot line, or forty (40) feet from another driveway serving the lot. All driveways, parking areas, or standing areas, including the service apron, shall be permanently improved with a paved surface and provide for stormwater management in accordance with all state and local standards.
(c)
Outdoor lighting shall be under a canopy or building eaves, aimed downward, and shielded so to prevent leakage or glare from the neighborhood gas station onto adjacent properties or rights-of-way. All site lighting shall be in compliance with Chapter 5, Article II or the Hopkinton Code of Ordinances.
(d)
Signage shall only be allowed as those signs necessary for the operation of the neighborhood gas station only and shall be limited to the following: (1) lettering on buildings displayed over individual entrance doors shall not consist of more than one (1) such sign centered over each entrance, and the sign shall not exceed twelve (12) inches in height; (2) lettering or other insignia which are part of a gasoline pump, consisting only of a brand name, lead warning sign, price, and other signs as required by law; (3) a single credit card sign not exceeding one square foot in area, affixed to the building or window; and (4) other signs as permitted by section 27 of this Chapter.
(e)
A 25-foot vegetated buffer shall be maintained on the property along all property lines that abut a residential zone or use.
(f)
A spill prevention control and countermeasure plan (or the equivalent as approved by the Fire Marshal) shall be filed and approved by the Fire Marshal.
(g)
No more than four (4) gasoline pumps, servicing up to a total of four (4) vehicles at any single time, are permitted.
(h)
The total gross floor area of any associated structure to the gasoline service station is limited to one thousand five hundred (1,500) square feet, inclusive of storage, office, and customer restroom space.
(i)
Drive through, automotive repair or servicing of any kind, automobile storage, or any other associated uses not specifically permitted as part of the definition of a Neighborhood Gasoline Service Station are prohibited as ancillary or accessory uses to the gasoline services station.
(Ch. 134, § 10, 12-19-94; Ch. 181, § 1, 10-18-04; Ch. 279, 4-19-21; Ch. 292, §(Exh. F), 12-4-23; Ord. No. 2025-05, 8-18-25)