HomeMy Public PortalAbout20190424 - Board of Appeals - Meeting MinutesTOWN OF HOPKINTON
OFFICE OF
BOARD OF APPEALS
_____________________________
TOWN HALL
18 MAIN STREET – THIRD FLOOR
HOPKINTON, MASSACHUSETTS 01748-3209
(508) 497-0012
MARK J. HYMAN, Chairman WWW.HOPKINTON.GOV
G. MICHAEL PEIRCE, Vice Chairman ZBA@Hopkintonma.gov
MARGARET SHAW, Clerk
Minutes of the
Board of Appeals
Minutes: April 24, 2019 Called to Order: 7:20 PM
Town Hall, 2nd Floor Adjourned: 8:15 PM
Members Present:Mark Hyman,Chairman;Michael Peirce,Vice Chairman;Peggy Shaw,Walter
Garland
Members Absent: Michael DiMascio; John Savignano; Rory Warren; Clerk; Jerry Tuite
Others Present:Elaine Lazarus,Assistant Town Manager;Michael Shepard,Assistant Building
Inspector
7:20 PM Administrative Session of the Board of Appeals
Minutes
The Board reviewed the minutes of March 27, 2019. Mr. Peirce moved to adopt the minutes of March 27,
2019. The motion was seconded and passed unanimously.
Documents Used:
Draft minutes from March 27, 2019
84-92 West Main Street - Request for Variance Extension
Atty.Barbieri stated a variance was granted in July of 2018.He stated the convenience store operator
took the owner to court and in the meantime Global Companies,LLC doesn’t want to go forward until
that is complete.He stated they are requesting a 6 month extension.Mr.Peirce asked if they anticipated
any of this when they came for the permits and Atty.Barbieri stated no.Mr.Hyman asked if there were
any public comments and there were none.Mr.Peirce moved to grant a six month extension for the
variance. The motion was seconded by Ms. Shaw and passed unanimously.
Documents Used:
Fletcher Tilton letter from Atty. Barbieri dated March 25, 2019
7:30 PM Application for Special Permit
25 Lakeshore Drive – McGill
Continued from April 10, 2019 due to publishing issues.
Members Sitting: Mr. Hyman, Mr. Peirce, Ms. Shaw, Mr. Garland
Others Members:
Deric McGill – Applicant
Rosa McGill – Applicant
Mr. Hyman stated there were only 4 members present so if the applicant wants to go forward they would
need a unanimous vote. Mr. McGill stated they would like to go forward.
Mr. McGill stated they would like to convert an existing home with an existing accessory family dwelling
to a 2-family home. He stated nothing is changing on the outside at all. Mr. Hyman asked if each unit
would have at least 600 square feet and at least 2 parking spaces per unit. Mr. McGill stated yes. He
stated the accessory unit has been empty for 3 years and they have no buyers so they need the special
permit to sell the house. Mr. Hyman asked if the intent is for the new owner to rent 1 unit and Mr. McGill
stated yes. Mr. Peirce asked if the units are the same as the plans from 2006 and Mr. McGill stated yes.
Mr. Hyman asked if there were any public comments.
Bee McMullen, 8 Lake Shore Drive asked if the change to a 2-family would affect the taxes of the people
in the neighborhood. Mr. Shepard stated it may affect their taxes but shouldn’t affect anyone else.
Mr. Peirce moved to close the public hearing. The motion was seconded by Ms. Shaw and passed
unanimously.
Mr. Hyman moved to grant a special permit under 210-125 to accommodate two dwelling units with the
condition there would be no exterior changes and a finding it would not be a substantial more detriment to
the neighborhood. The motion was seconded by Mr. Peirce and passed unanimously.
Documents Used:
Uniform Application for Special Permit/Petition for Variance with supporting documents
7:50 PM Application for Special Permit
92 Main Street – Duffy
Continued from April 10, 2019 due to publishing issues.
Members Sitting: Mr. Hyman, Mr. Peirce, Ms. Shaw, Mr. Garland
Others Members:
David Duffy - Applicant
Mr. Hyman stated there are only 4 members present so if the applicant wants to go forward they would
need a unanimous vote. Mr. Duffy stated he would like to go forward.
Board of Appeals
April 24, 2019
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Mr. Duffy stated he has a very unusual piece of property which has 3 fronts. He stated when he built the
patio he didn’t realize he needed a special permit and did not get one so he is here to correct that. Mr.
Shepard stated the structure is non-conforming on all the sides and needs a building permit and a special
permit. Mr. Hyman recalled an issue with a property swap. Mr. Duffy stated when Evergreen bought the
property next to him they asked for a land swap which was done in 1995. The Board reviewed the plans.
Mr. Hyman asked if the 2 triangles were what was swapped and Mr. Duffy stated yes. Mr. Peirce asked if
he converted a patio to a structure. Mr. Duffy stated yes and he didn’t realize at the time he needed the
permits. Mr. Peirce asked how it came to anyone’s attention. Mr. Shepard stated they drive by it every
day. Mr. Peirce asked if there were any complaints and Mr. Shepard stated no. Mr. Hyman asked if it has
been inspected and Mr. Shepard stated no but it looks all legit. He stated once the Board approved this
then they will issue a building permit. Mr. Peirce asked about the issue with the neighbors. Mr. Duffy
stated he has had problems with him for many years.
Mr. Hyman asked if there were any public comments and there were none.
Mr. Peirce moved to close the public hearing. The motion was seconded by Mr. Garland and passed
unanimously.
Mr. Peirce moved to find the new structure as represented is not substantioally more detrimental to the
neighborhood than the existing non-conforming house. The motion was seconded by Ms. Shaw and
passed unanimously.
Mr. Peirce moved to grant a special permit for the new structure based upon the plans as filed and a
finding the result of this approval does not provide for any additional new construction. The motion was
seconded by Ms. Shaw and passed unanimously.
Documents Used:
Uniform Application for Special Permit/Petition for Variance with supporting documents
Mr. Peirce moved to adjourn the meeting. The motion was seconded and passed unanimously.
Meeting Adjourned: 8:15 PM
Adina Wright, Administrative Assistant
Approved: October 9, 2019
Board of Appeals
April 24, 2019
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