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HomeMy Public PortalAbout20180627 - 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.ORG G. MICHAEL PEIRCE, Vice Chairman ZBA@Hopkintonma.gov JESSICA FLEET, Clerk Minutes of the Board of Appeals Minutes: June 27, 2018 Called to Order: 7:00 PM Hopkinton Senior Center Adjourned: 9:30 PM Members Present: Mark Hyman, Chairman; Michael Peirce, Vice Chairman; Michael DiMascio; John Savignano; Jerry Tuite; Jessica Fleet; Walter Garland (7:15pm) Members Absent: Rory Warren; Peggy Shaw, Clerk Others Present: 7:05 PM Administrative Session of the Board of Appeals Planning Board Mr. Hyman stated himself and Muriel Kramer have talked about restructuring The Zoning Advisory Committee and coordinating the Board of Appeals and Planning Board and maybe making The Zoning Advisory Committee year-round. Ms. Kramer stated the Planning Board has discussed this also and they feel there really is no structure for The Zoning Advisory Committee right now. She asked about thoughts of how it could be more useful. Mr. Hyman stated this past year was very compressed. Ms. Kramer stated there has been talk about a 7 member board and what other Boards would be represented. She stated they would like to get as much input as possible. Mr. Hyman stated the other issue they chatted about was the thought of having a comprehensive review of the Zoning Bylaw by having a consultant come in and review it. Ms. Kramer stated she thinks it is detailed in the master plan as a goal. Mr. Peirce stated he thinks the vetting process for that would be very important. Mr. Tuite asked if this would be talked about at the next Planning Board meeting. Ms. Kramer stated she thought it would be on the 23rd agenda. 7:15 PM Continuation of Public Hearing 84-92 West Main Street – Global Companies, LLC Members Sitting: Mr. Hyman, Mr. Peirce, Mr. DiMascio, Mr. Savignano, Ms. Fleet Members in Attendance: Mr. Tuite, Mr. Garland Peter Barbieri – Attorney Jim Benedetto – Bohler Engineering Thomas Daniel – Global Companies, LLC Board of Appeals June 27, 2018 Page 2 of 6 Atty. Barbieri gave a brief overview of what had been done since the last meeting. He reviewed the plans. He stated they have finished up with the Conservation Commission. He stated Beta has review all this and signed off with the Conservation Commission. He stated they have pretty much finalized with the Planning Board but are just scheduled to go back to them once they finish here with the Zoning Board. He stated Beta has signed off on the traffic plan. He stated the architecture was changed significantly after discussions with the Design Review Board. He stated they need variances from Elm Street. Mr. Hyman asked if these are the plans that the Planning Board has and Atty. Barbieri stated yes. Mr. Hyman reference the signage bylaw that says “not above the roof line” and stated he doesn’t think that is the intent. He stated his view is he doesn’t have a concern and doesn’t think a variance is needed. He stated there isn’t a specific call out for that. Mr. Peirce stated he agrees that a variance is not needed. He asked if there were any problems with height and Atty. Barbieri stated no. Mr. Peirce asked if there is a separate landscaping plan. Mr. Benedetto stated yes there is. He stated an addition 145 plantings went in to that plan. Mr. DiMascio asked how far closer to the light is the driveway shifting. Mr. Benedetto stated a little less than a couple hundred feet to the east and will be right in right out restricted. Atty. Barbieri stated if will still be further to west than the existing driveway for the house. The Board discussed the driveway turns. Mr. Hyman asked if there was interior signage directing people to the rear entrance. Atty. Barbieri stated they could add that. Mr. Tuite asked what the peak hours are. Mr. Daniel stated 4-6 pm and 7-9am. Mr. Tuite stated there is no restriction on the left hand turn coming in and Mr. Daniel stated that is correct. Mr. Tuite stated currently the traffic moves very well. Mr. Hyman asked if there was any alternative energy thoughts. Atty. Barbieri stated it’s been talked about but nothing yet. Mr. Garland asked if the inside section would have free public Wi-Fi. Atty. Barbieri stated yes. 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. Savignano and passed unanimously. Documents Used: June 1, 2018 Letter from Beta Group, Inc. Plans dated May 18, 2018 prepared by Bohler Engineering 8:00 PM Continuation of Public Hearing 54 Oakhurst Road – Maru & Palaniappan Members Sitting: Mr. Hyman, Mr. Peirce, Mr. DiMascio, Mr. Tuite, Ms. Fleet Members in Attendance: Mr. Savignano, Mr. Garland Viral Maru – Applicant Shamugam Palaniappan – Applicant Mr. Maru reviewed the new planning with the changes. He stated they are asking for 2 special permits. Mr. Hyman stated the relief requested is now 14.5 feet from the side yard setback and a Board of Appeals June 27, 2018 Page 3 of 6 modification of the pre-existing non-conforming under 210-128a. He stated the plans are now consistent. Mr. DiMascio asked if the height of the building has been reduced. Mr. Peirce stated they are well within the height limitations. Mr. Hyman asked if the homes on either side are 2 stories. Mr. Maru stated they are single story. Mr. DiMascio stated there are a lot of 2 story homes in the area. 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. DiMascio and passed unanimously. Mr. Peirce moved to grant the section 6 finding based upon the new house will not be substantially more detrimental to the neighborhood than the existing house and allow the modification to the pre-existing non-conforming structure. The encroachment on the lot line is decreasing and tt will be further from the lot line then the existing and about the same on the southerly side. The motion was seconded by Mr. DiMascio and passed unanimously. Mr. Peirce moved to grant a special permit for side setback relief consistent with the revised plans for 15 feet of relief on both sides with the condition the house may not be wider than what the plans show. The motion was seconded by Mr. DiMascio and passed unanimously. Mr. Peirce moved to grant a special permit under 210-128a to allow for the construction and that it be consistent with the plans on a finding it not substantially more detrimental to the neighborhood. The motion was seconded by Mr. DiMascio and passed unanimously. Documents Used: Uniform Applications for Special Permit/Petition for Variance with supporting documents Plans dated June 17, 2018 prepared by DRM Engineering Services Plot plan dated June 13, 2013 prepared by J.D. Marquedant 8:15 PM Continuation of Public Hearing 19 John Matthew Road – Parsons Wayne Davies – Attorney Joe Marquedant – Surveyor Kristina-Marie Parsons – Applicant Members Sitting: Mr. Hyman, Mr. Peirce, Mr. DiMascio, Mr. Tuite, Ms. Fleet Members in Attendance: Mr. Savignano, Mr. Garland Atty. Davies stated the history of the lot was it was created via subdivision in 1990. He stated the lot is a pre-existing non-conforming lot as per area. He stated since then the town increased the area requirements. He stated the lot was held in common ownership so my client has created an ANR plan that the Planning Board signed on June 11, 2018 so therefore the lot will have more than 60,000 square feet rendering this a moot point. Mr. Hyman stated so now you just need relief from the street and Atty. Davies stated yes. He stated they have been before the Conservation Commission for an Order of Conditions. He stated the hardship is purely Board of Appeals June 27, 2018 Page 4 of 6 environmental and the shape of the lot. He stated Mr. Marquedant has secured and Order of Conditions and it was issued yesterday. He read the hardship requirements and stated they are close to the wetlands and the shape of the land and location of the proposed structure per the Conservation Commission is their hardship. He stated there will not be substantial detriment to the public good. Mr. Marquedant stated there is a wetlands sight with an intermittent stream. He stated the location puts the buffer zone right through the middle of the proposed structure. He stated the Conservation Commission has asked them to move the home to preserve the wetlands. Atty. Davies stated they are asking for 15 feet of front setback relief from the 60 foot requirement. He stated it is not a substantial request. Mr. Hyman asked if there are plans for the structure. Atty. Davies stated the residential use is a use by right and he doesn’t think the applicant should be restricted with the design. Mr. DiMascio stated he would like to see a plan that they would be voting on. Atty. Davies stated that is the plan the Board would be voting on. Mr. Tuite stated he would like to see what the structure is. Atty. Davies stated when an applicant is asking for a change to a pre-existing non-conforming structure you want to see plans but this is a conforming lot. Mr. Tuite stated he is interested in the footprint. Atty. Davies stated the footprint is on the plans. Mr. Peirce stated he thinks the critical element is the footprint so as long as all of the dimensions are fully called out and the closest point to the street is the corner of the garage. He stated the only thing that doesn’t meet the setback is the small corner of the garage. He asked if they have had discussions with any of their neighbors. Ms. Parsons stated they have spoken with them and they are okay with the proposed. Mr. Hyman asked if the applicant would accept 11 feet of relief and Atty. Davies stated yes. Mr. Garland left the hearing at 8:45pm. Mr. Hyman asked if there were any public comments and there were none. Atty. Davies stated the lot as is currently exists today as 57,000 square feet. He stated they got relief from the Conservation Commission yesterday so now they can record the ANR plan. He stated the lot with 60,000 square feet doesn’t exist yet until the plan is recorded. He stated the decision can reference the unrecorded plan or they can give the recorded data to the Town before the decision is issued. Atty. Davies stated Mr. Marquedant would record the ANR tomorrow and he would email the book and page to the Board to be recorded in the decision. Mr. Peirce stated it is keyed to the deeds being modified and recorded. Mr. Hyman stated he has no problem inserting the book and page. Mr. Peirce moved to close the public hearing. The motion was seconded by Mr. DiMascio and passed unanimously. Mr. Peirce moved that all the required conditions are satisfied and this is not a detriment to neighborhood and soil conditions are a hardship and the requirement that the house be moved to take it away from wetland buffer zone and soil conditions are unique and justify 11 feet of relief with the condition the house be built constant with the footprint show on the plan to the extent necessary the decision say no building plans be issued until appropriate conveyance be recorded and book and page be submitted. The motion was seconded by Mr. DiMascio and passed unanimously. Board of Appeals June 27, 2018 Page 5 of 6 Documents Used: Uniform Applications for Special Permit/Petition for Variance with supporting documents Supplement Submission #1 dated June 27, 2018 7:05 PM Administrative Session of the Board of Appeals 84-92 West Main Street Voting Members: Mr. Hyman, Mr. Peirce, Mr. DiMascio, Mr. Savignano, Ms. Fleet Mr. Peirce stated one of the critical elements here is the front yard setback variance request. He stated he finds the requirements for the variance are met. He stated he thinks the unique feature is the use. Mr. Hyman stated they are decreasing the street setbacks as part of the combined lot and the overall with be in more conformance that what is there now on all lots. Mr. Peirce moved to grant a variance for 28 feet of relief on Elm consistent with the requested relief and the plans submitted and state they are compliant with the setback on West Main Street. The motion was seconded by Mr. DiMascio and passed unanimously Mr. Peirce moved to grant a variance for the WRPOD on a finding they are decreasing the non- conformity. The motion was seconded by Mr. DiMascio and passed unanimously. Mr. Peirce moved to grant a special permit under 210-70C 2,3,4 for the WRPOD and the Conservation Commission careful review required the applicant to provide additional protections and increased impervious surface is against a system that isn’t performing and the new system will work greater even with additional impervious. The motion was seconded and passed unanimously. Mr. Peirce moved to grant a special permit under 210-24a,1 as this is an upgrade and will substantially upgrade environmental protections. The motion was seconded by Mr. DiMascio and passed unanimously. To expand a portion of lot previously used for residential use Mr. Peirce moved to grant a special permit under 210-128B on a finding the modification to existing gas station is not substantially more detrimental than the existing non-conformity to the neighborhood with the conditions that the landscaping be maintained and replaced and repaired as necessary and drainage conditions per Beta Groups conditions and that these permits supersede the previous ones. The motion was seconded by Mr. DiMascio and passed unanimously. Mr. Peirce moved to grant a special permit for the sign under 210- to allow it to be extended above the roof eave line consistent to May 22, 2018 plans in all respects including color, lighting etc. It is represented it went through Design Review and is appropriate. The motion was seconded by Mr. DiMascio and passed unanimously. Elections Mr. Peirce moved the Chairman remain the same. The motion was seconded by Mr. Savignano and passed unanimously. Board of Appeals June 27, 2018 Page 6 of 6 Mr. Hyman moved the Vice Chair remain the same. The motion was seconded by Mr. Tuite and passed unanimously. Mr. Hyman moved the Clerk remain the same. The motion was seconded by Mr. Peirce and passed unanimously. Mr. Savignano moved to adjourn the meeting. The motion was seconded and passed unanimously. Meeting Adjourned: 9:30 PM Adina Wright, Administrative Assistant Approved: September 12, 2018