HomeOpinionOpinion: Country Store Developer should have skipped Board of Appeals

Opinion: Country Store Developer should have skipped Board of Appeals

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Kevin Meehan, the developer of the proposed country store and gas station at the intersection of West Main and School streets, has kicked up quite a hornet’s nest in town. Reportedly more than 900 signatures have been collected in opposition to the project, and protest signs littered front yards, only to mysteriously disappear in an incident we’ll call “Signgate”.

>> RELATED: Country Store Proposed Atop School Street

On Wednesday, October 9, concerned residents packed the Senior Center for a Board of Appeals meeting (yes, Board of Appeals!) and spent several hours during the public comment portion expressing their opposition. Many who spoke were concerned about a gas station near their property, an increase in area traffic, and a detrimental effect on the neighborhood’s character. Many rightly pointed out that the subject property is an Agricultural zone and therefore a commercial business, and in particular a gas station, cannot be allowed.

But the larger question is: why did the petitioners stop by the Board of Appeals at all to request a zoning variance? Under Hopkinton’s Zoning Bylaws (or at least, they way they are being interpreted), slight modifications to their plan would have given them a compelling argument that their project is allowed by right.

Before brandishing your pitchfork, please hear me out.

Both Start Line Brewing and Sunnyside Gardens are located in the Residential B District. Angel’s Nursery – just across the street from the proposed projected – is in the Agricultural District. For reference, see the zoning map.

The Agricultural zone incorporates everything from Residential A and Residential B. Article II (which describes the Residential B zone), section 210-6, outlines “permitted uses”. Part I of that chapter reads:

Agriculture, horticulture, floriculture or viticulture on a lot of less than 5 acres [is allowed], provided that: a) the sale of products or plants is confined primarily to those raised on the premises, b) the use is not noxious, injurious or offensive to the neighborhood, and c) farm animals are kept in an enclosure or building 50 feet or more from any street line and 30 feet or more from any side lot line. (emphasis mine)

As much as we all love Start Line Brewing, Sunnyside Gardens and Angel’s Nursery, the town is clearly not enforcing its own zoning bylaws. 

Start Line originally grew hops and honey on the property where the taproom and restaurant now sit. Hops are now purchased elsewhere, and no reasonable argument can be made that the honey grown behind the brewery makes its way into the products Start Line primarily sells (food, apparel, and even most of its beer). 

Similarly, while Sunnyside Gardens grows some of the plants used in their flower arrangements, much of their product originates outside of Hopkinton. 

And does anything Angel’s Nursery, or the Red Barn Coffee attached, come from the land itself? 

With slight modifications, the petitioners of the Country Store could reasonably argue that their proposal meets the threshold for “permitted use” under the town’s de facto interpretation of the bylaws. 

In the proposal, Meehan described a U-Pick blueberry patch that would be planted near the rear of the property, which is almost entirely wetland. By committing to harvest and sell the blueberries in the proposed country store, they would meet the same standard Start Line, Sunnyside and (presumably) Angel’s meets.

(A minor point for readers with a green thumb: Blueberries are a clever use for that particular section of the lot. For decades, Evergreen Haven had piles of mulch and loam stacked in that spot. Mulch, particularly organic mulch like bark, can acidify the soil as it breaks down over time, especially if it’s derived from certain types of wood (such as pine). Piles of mulch left in one area for an extended period are likely to create a more acidic environment in the soil beneath it. Blueberries are one of the few crops that thrive in highly acidic soil, preferring a ideal soil pH range of 4.5 to 5.5).

And when blueberries are out of season? The proposal also includes the creation of a “pollinator garden”. The petitioner could simply sell fresh cut flowers in the country store to meet the threshold.

I haven’t confirmed, but I suspect that the reason the petitioner sought the approval of the Board of Appeals was to gain the endorsement of a town board, and by proxy, the support of Hopkintonians for their project. 

If true, it was a dire miscalculation for Mr. Meehan. If he thought Hopkinton would welcome him with open arms, as the communities of Mendon and Milford have, he thought wrong. Hopkinton residents have shown time and again they are not pro-business. Consider Article 28 at Annual Town Meeting 2023, where the Community Covenant Church sought to get their property rezoned to Business District (like all neighboring properties) in an attempt to make their land commercially viable. That article failed by voice vote. Or Article 29 that same year, when Marguerite Concrete attempted to change the zoning of their lot on South Street. That article too was voted down.

Hopkinton residents claim to want the tax revenue from businesses, but they obviously don’t want businesses. Apparently we’re content to bemoan an ever-increasing property tax burden while our CFO and Select Board stress “frugality”.

The larger point is that by skipping the Board of Appeals and heading straight to the Planning Board, the petitioner would have put the town in the position to either grant their application or risk a discrimination lawsuit for the town’s unequal application of zoning laws. Hopkinton’s only choice would be to force a shutdown of the businesses that are not in compliance (a hugely unpopular move) or approve the petitioners application (also unpopular, but at least legally defensible). 

All signs point to this project being dead on arrival. Yet another missed opportunity.

Peter Thomas is a special correspondent for HopNews.

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30 COMMENTS

  1. I can’t be sure, because I do not have access to old records, but I think the writer needs to consider whether the other businesses he cites are grandfathered, due to being around before certain bylaws were enacted. Can’t say much about the brewery (love their IPA, though), but Angel’s and Sunnyside have been around since before 1972, when I first moved to town, and maybe a lot more than that.

  2. Meanwhile, property taxes will continue to rise and potentially force out long-time residents, thanks to Hopkinton’s anti-business attitude, which now includes a proposal to levy a local meals tax. NIMBY continues to thrive in Hopkinton.

    • I don’t think that this is a case of NIMBY as that term is rightly understood. No one seems to be saying that we need a fifth gas station in town as long as it is put somewhere else. Also, at the public hearing it was demonstrated with facts and figures that this project would reduce, not augment, tax revenue. Indeed, even with all the development over the past decade, taxes and spending continue to rise, so I’m not sure this ill-conceived proposal is truly an answer.

    • Think where Hopkinton would be, in any of several measures, if we had purchased Weston Nurseries…

      And if we had a Hopkinton employee whose job is to sell Hopkinton to possible tenants for the empty buildings on South St.

  3. Mr. Thomas, you completely missed the point. If Mr. Meehan were to only put up a country store we would be fine with it and, in fact, would welcome it. However, Mr. Meehan publicly stated that he won’t do the store without the gas station. According to your article, he therefore would have to drill for the petroleum on site in order to be in compliance with his use.

    • By that logic, Start Line Brewing would need to have a clothing loom onsite in order to manufacture the t-shirts they sell. No one is advocating for that.

      The point of this piece is that the town does not enforce its own bylaws equally.

      • “no reasonable argument can be made that the honey grown behind the brewery makes its way into the products Start Line primarily sells”
        Nice try…some Start Line beers;
        Honey Ritual Pale Ale
        This golden honey pale ale features notes of citrus with a mild locally-sourced honey finish for a truly enjoyable beer. More dry than sweet. Make it a ritual. ABV: 6.6%

        Permitted Pale Ale
        Freshly brewed to celebrate our newly permitted space, this golden pale ale features our own hops and honey which deliver a sweet hoppy and crisp pale ale. ABV: 6.5%

        Honey Harvest Saison
        Our unique take on this Belgian Saison style features Hop Raw Honey from our property and Hallertau Blanc and Cascade hops, which lend white grape, pineapple and passionfruit notes. Complex and mildly spicy. ABV: 7.2%

    • Totally agree. If it were just a country store it would not be a horrible idea. The main reason people in this area do not want this project to go ahead is because it will be a gas station. And beyond the immediate neighborhood, I don’t see how this benefits the whole town. No one is driving all the way over to the Upton side of town to get their gas, especially when the have 2 options near 495 and they have 2 options right in the center of town. This will benefit those commuters coming from Upton/Graton etc. Not to mention that the intersection and traffic there is already awful. I do not see how this is a benefit at all.

  4. Calling into question the legal standing of well-established businesses in our town? Threatening a costly and divisive lawsuit based on an outlandish “discrimination” theory that compares the proposed convenience store/gas station to a flower shop, garden center, and brewery? Publishing a white-washed photo that shows none of the nearby homes, no lighting, impossible layout, etc.? All to force a convenience store/gas station into the midst of a residential neighborhood where it is does not belong? This could not be farther from a pro-business stance and rational town planning; it is a disgraceful and dishonest tactic.

  5. Mr. Thomas, you did not listen to the thrust of the opposing statements: No Gas Station and concerns about the local traffic effects of creating an attraction there. That location does not exist in a bubble.

  6. In reference to “…protest signs littered front yards, only to mysteriously disappear in an incident we’ll call “Signgate””. I find this quite interesting, as it would seem they were removed by town officials. To me this comes across as very bad optics on the town government’s part. If Hopkinton needs more business, then utilize the downtown, which is lacking on a number of fronts.

    BTW, South street, where it is zoned commercial, seems to be another good place for business expansion…

    • I had a sign placed on my property without my permission. I pulled it up and it was put back. This time I removed the wire frame.

  7. The arguments against this business seem specious and anecdotal. Is this all neighborhood speculation, or can we see the traffic impact study, and all the other studies that substantiate the NIMBY scare tactics? Red herrings thrown around by the NIMBY’s trying to kill progress ARE simply selfish scare tactics. How much risk does this business actually present? Very little. Will many commuters benefit, yes. Will revenue increase? Yes. Will this help residents financially, yes. So let’s crush this idea. Makes no sense.

    Why is every idea shot out of the sky? Do people want this town to resemble Dover, which is almost devoid of business revenue? The town cannot have it both ways. Simple economics dictate that to lower residential taxes the town must reduce expenses and/or grow revenue. Denying this business entry accomplishes neither. This refusal would be another failure. The majority loses to satisfy a few loud NIMBYs, using false arguments. Why?

    So far, I have seen the town waste money unnecessarily, discourage business, all while residents complain that taxes are too high. Common sense underscores that having all three happen simultaneously is not realistic (no new businesses, decreased taxes, and no consideration for the greater good). Maybe that is the goal; an elitist town for the wealthy. The current MBTA proposal must terrify the NIMBY crowd. Affordability boosts diversity. Are we stifling diversity now too?

    • Traffic impact study? Try driving up West Main Street any weekday from 3-6pm.

      This town needs to take a break from building new homes and businesses and give real thought to the creation of another road that alleviates congestion on Main Street.

      • The intent of the Main St project was to create congestion (aka traffic calming, narrowing of roadways, more pedestrian and bike friendly). That way we could be more like the downtown area of Wellesley.

    • “Do people want this town devoid of business revenue?”

      I mean let’s be clear, this has long been the path this town has headed towards, and the coming tax hikes are our own fault for it. Hopkinton has long overvalued the quality and ranking of our public schools as an engine for growth, and that’s resulted in a tax base almost entirely derived from residents with very little businesses to help carry the load. Every couple years we spend more and more on schools just to drive up property values.

      Meanwhile every proposed business development is shouted down and organized against like the destruction of some quaint countryside town. The CVS on main street got this, mostly because hopdrug was bitter he got kicked off a CVS program for violating pharmacy laws in multiple states and owed them a million dollars. Has anybody actually visited the Marguerite concrete site? It’s an empty lot in an intersection where every other corner is identical office space to what they propose.

      If people in hopkinton really want their taxes to be less of a burden, there’s two easy solutions, neither of which voters will swallow:

      Stop building multi-million dollar school developments to attract more residents that would quickly overcrowd the schools and result in needing to build even more school infrastructure.

      Actually approve of new businesses coming to town and stop trying to shut every one down.

      • The issue is the GAS STATION, not the “country” store. Very sorry you are unable to wrap your head around that.
        Not all residents in that area are on town water, many are on well water from the local aquifer. Would YOU want a gas station next to your well?!? I’m guessing this doesn’t affect you, which is why you show such disregard for the local residents.
        In case your memory betrayed you, Evergreen Haven was a BUSINESS. I believe it’s safe to say that the local residents aren’t against some type of business being located there, just not a GAS STATION.

    • Maybe do some research. Dover Property tax rate is way lower than Hopkinton
      Dover – 10.96 per $1000
      Hopkinton – 14.61 per $1000

      Also as noted by many others that is omitted from the article the opposition is to another gas station with is NOT needed and does not belong there.

  8. Another point missed… it is a GAS STATION, not a Country Store. People against this aren’t against businesses, we are against gas stations in neighborhoods. Bring businesses to town in commercially zoned areas that are better suited for public consumption, where
    ” b) the use is not noxious, injurious or offensive to the neighborhood

  9. Our town stands apart from our neighbors because of our discernment in its growth and avoiding the motor mile spread of car dealerships and gas stations. Let’s continue our future thinking; this town is going to be charging cars in 10 years, not filling them. When I look around I don’t see any horse & buggy repair shops because PROGRESS and INNOVATION moved the country forward. Let’s continue to plan for our futures not by looking backwards at gas powered vehicles and the support of them; but, forward to supporting new innovation with charging not filling. We already have 5 gas stations, Id rather replace the home they tore down on that corner and keep our ‘scenic road’, which by the way has ‘rules’, scenic. 5 gas stations is enough and the idea of another one is property wasted.

  10. Would anyone want this in their backyard? “In a post-research interview with Markus Hilpert, Ph.D., an associate professor of Environmental Health Sciences at the Columbia Mailman School, Hilpert said, “We found evidence that much more benzene is released by gas stations than previously thought. In addition, even during a relatively short study period, we saw a number of instances in which people could be exposed to the chemical at locations beyond the setback distance of 300 feet” (Columbia University, 2018).”

    We are concerned about the long-term health affects of a gas station, we are not anti-business. But according to the bylaws, if a variance is approved anything can go in there?!?

  11. -Self created hardship created by the owner/developer.
    -NO evidence of property being listed on MLS.
    -Noxious and detrimental to a residential neighborhood.
    -Environmental and Traffic issues.

    ZBA needs to vote down this non-starter proposal.
    If it’s looks like a duck and quacks like a duck… you guessed it… it’s a duck!

  12. It was very clear in the meeting that the opposition is to the gas station only, not business in general. The Country Store was not mentioned in the opposing comments. So, let’s stop throwing this into the general business opposition bucket.

    Traffic in the area is a real problem today. West Elm St. can have bumper to bumper cars on some days. I learned at the meeting that DiCarlo residents have similar heavy traffic issues. I can just see people cutting up West Elm St. to get to the side entrance of the gas station rather than wait in Main St. traffic.

    As others have already commented, downtown is a better place to concentrate on new business as well as South Street. Also, let’s not forget the very expensive condos approved for downtown in lieu of a mixed housing and retail option. Where were those advocating for new business then?

  13. If the town only had a Master Plan to help answer questions about business growth. Oh wait, there is one and guess what? Nothing about rezoning the Upton side of town for business.

  14. I attended the meeting and thought I was in Salem, MA. Never saw such irrational rage. That corner is eventually going to be commercial – no developer will build residential unless it is low income housing. The gas station crazies are telling people 12 pumps are going in when the developer says it is 4 gas pumps and 4 EV stations. Somebody is lying. Kevin is a local businessmen that has built similar gorgeous country stores in local towns. Anyone thinking Hopkinton will get a better offer probably supported the bike lane downtown.

    • “no developer will build residential unless it is low income housing.”

      This is merely your opinion and is has not been supported by any evidence, other than the property owner’s comments at the meeting. I have not seen a for sale sign and, as others haven mentioned, there is no record of the property being listed on MLS.

      Moreover, this parcel of land was originally all one parcel known as 52 SCHOOL STREET (R28 50 0), until it was split (late 2023 or early 2024) and became 290 WEST MAIN STREET (R28 50 1). In doing so, the property owner CREATED THEIR OWN HARDSHIP, for which they now conveniently seek a hardship variance.

      Since we’re throwing opinions around, it is MY opinion that if that lot remained as one large lot at 52 SCHOOL STREET, it would MOST CERTAINLY be attractive for residential development…particularly in the current real estate market.

      “gas station crazies” You’ve got a lot nerve. My guess is you live nowhere near this proposed GAS STATION (oh, and country/convenience store…”gorgeous” LOL), so it’s doesn’t affect you, which explains your disrespectful tone.

      If someone wants to propose an alternative business for the location we’re willing to listen, after all, there has been a business operating there for decades. A GAS STATION, however, is a NON-STARTER.

  15. Everything that man does is wonderful! He is bringing so much extra to all the surrounding towns. I hope this happens for him <3 Good Luck Kevin!

  16. Maybe put gas station at Hopkinton State Park? Do people realize that the tax revenue just from this one proposed development would be miniscule? Divide to your tax bill and you are lucky to get 25 cents cut of your bill. Environmental impacts from leaks, spills, fumes, idling cars would be likely higher than the tax revenue. Maybe move PFA plant in there as well and think about it later when cleanup is needed. Lets make Hopkinton look like driving on 20 in Shrewsbury…

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