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HomeMy Public PortalAbout20200624 - Board of Appeals - Meeting MinutesTOWN OF HOPKINTON OFFICE OF BOARD OF APPEALS _____________________________ T​OWN​ H​ALL 18 M​AIN​ S​TREET​ – T​HIRD​ F​LOOR HOPKINTON, MASSACHUSETTS 01748-3209 (508) 497-0012 M​ARK​ J. H​YMAN​, Chairman ​WWW​.H​OPKINTON​.​GOV R​ORY​ W​ARREN​, Vice Chairman ​ZBA@Hopkintonma.gov Minutes of the Board of Appeals Minutes: June 24, 2020 Called to Order: 7:10 PM Remote Zoom Meeting Adjourned: 8:45 PM Members Present:​Mark Hyman,Chairman;Rory Warren,Vice Chairman;Michael DiMascio (7:30pm); John Savignano; Jerry Tuite; Walter Garland; Ria McNamara Members Absent:​ Smirti Choudhury Others Present:Elaine Lazarus,Assistant Town Manager;Michael Shepard,Assistant Building Inspector; Adina DePaolo, Administrative Assistant; Steve Slaman, Fire Chief Mr.Hyman called the name of each Board member,and each responded affirmatively that they were present and could hear him.Mr.Hyman then called the names of each staff member who responded affirmatively that they were present and could hear him.Mr.Hyman also called the name of anticipated speakers on the agenda,Andrew Santucci,Robert Keeley and Peter Barbeiri,who responded affirmatively. Mr.Hyman stated that the meeting is being conducted remotely consistent with Governor Baker’s Executive Order of March 12,2020,due to the current State of Emergency in the Commonwealth due to the outbreak of the COVID-19 virus.He noted that in order to mitigate the transmission of the virus,the Board is complying with the Executive Order that suspends the requirement of the Open Meeting Law to have all meetings in a publicly accessible physical location.He stated that the Executive Order allows public bodies to meet entirely remotely as long as the public body makes provisions through adequate, alternative means to ensure that interested members of the public are provided reasonable access to the deliberations of the meeting.He noted that for this meeting the Board is convening by video conference via Zoom App as posted on the Town’s web meeting calendar and the Board’s agenda identifying how the public may join.He noted that the meeting is being recorded and attendees are participating by video conference.Mr.Hyman stated that all supporting materials that have been provided to the Board are available on the Town website via the web meeting calendar, unless otherwise noted. 7:15 PM Application for Special Permit 160 East Main Street – Santucci Members Sitting: Mr. Hyman, Mr. Warren, Mr. Savignano, Mr. Garland, Ms. McNamara Other Members: Mr. Tuite Andrew Santucci - Applicant Mr. Santucci stated he is proposing to take down an existing single bedroom house and detached garage. He stated his plan is to build a four bedroom home with an attached garage. He stated he would like to make it more livable. He stated the property is 100 feet wide and side yard setbacks will be less than 25 feet. He stated the proposed setback on the east side of the property will be decreasing by about 4 feet less than the existing but he would still be looking for 5 feet of relief on both sides roughly. Mr. Hyman asked about the existing square footage. Mr. Santucci stated the existing is roughly 720 square feet and proposed a little over 2000 square feet. Mr. Hyman asked about heights. Mr. Santucci stated the existing is one floor and the proposed would be about 30 feet and two stories. Mr. Hyman then asked if most of the increase to the square footage was because they were adding a 2nd floor. Mr. Savignano asked if the plan needed to be stamped by an engineer. Mr. Santucci stated it is stamped. Ms. McNamara asked if there are any letters of support from abutting neighbors. Mr. Santucci stated he has verbal approval from his closest neighbor. Mr. Warren asked if he was going to occupy the home and Mr. Santucci stated yes. Mr. Hyman asked if there were any public comments. Maureen Camilucci, 2 Woodland Rd asked about the footprint and if it will be in the same place. Mr. Santucci stated the front will be roughly where it is now and the back will go back about 20 feet from where the existing is. Ms. Camilucci asked if the grade will change for the septic and Mr. Santucci stated it will be picked up about 3-4 feet. Mr. Garland asked if the proposed house would be closer to the street. Mr. Santucci stated the garage would be the closest part to the road and the front of the house will be about 5-10 feet closer to the street than the existing. Mr. Warren moved to close the public hearing. The motion was seconded by Mr. Savignano and passed unanimously. The votes were: Mr. Hyman: Yes; Mr. Warren: Yes; Mr. Savignano: Yes; Mr. Garland: Yes; Ms. McNamara: Yes. Mr. Warren moved to find the proposed new construction would not be substantially more detrimental to the neighborhood than the existing. The motion was seconded by Mr. Savignano and passed unanimously. The votes were: Mr. Hyman: Yes; Mr. Warren: Yes; Mr. Savignano: Yes; Mr. Garland: Yes; Ms. McNamara: Yes. Mr. Warren moved to grant a special permit under 210-119 for 5.5 feet of relief on both the east and west side due to irregular, shallow or narrow lot. The motion was seconded by Mr. Garland and passed unanimously. The votes were: Mr. Hyman: Yes; Mr. Warren: Yes; Mr. Savignano: Yes; Mr. Garland: Yes; Ms. McNamara: Yes. Documents Used: Uniform Application for Special Permit/Petition for Variance with supporting documents Mr. DiMascio arrived at 7:30pm. 7:30 PM Application for Special Permit Board of Appeals June 24, 2020 Page 2 of 5 60 Pine Island Road - Keeley Members Sitting: Mr. Hyman, Mr. Warren, Mr. DiMascio, Mr. Savignano, Mr. Garland Other Members: Mr. Tuite, Ms. McNamara Robert Keeley - Applicant Peter Barbeiri - Attorney Henry Arnaudo - Architect Bill Halsing - Engineer Atty. Barbeiri stated the existing home is 3 bedroom and 150 feet from Pine Island Road. He stated there is a significant grade down to the existing house. He stated the lot does not comply with setback requirements. He stated the existing is 3.2 feet from the northerly property line. He stated the lot is non-conforming as to lot area and building location. He then stated they have met with the Conservation Commission and have been issued an order of conditions based on the plan submitted. He stated they will be decreasing the non-conformity as the proposed will be 9.4 feet from the lot line. He stated the house will be 130 feet from the road. He stated there will be significant improvements to the lot. He stated the existing square footage is 1,700 square feet plus the garage. Mr. Arnaudo stated the proposed will be about 4,400 square feet. Chief Slaman stated he took a look at the property and stated some issues he has is the access to the house as Pine Island Road is a dead end and very far from the fire station and there is no town water. He stated he would like to influence them to add a residential sprinkler system. Mr. Keeley stated he met with the Fire Department a few times but hasn’t priced out the system yet but thinks about it will be about 25,000. He stated they are strongly considering it but doesn’t think it will be economically feasible. He stated there is a fire hydrant about 600 feet which is a Milford hydrant. Atty. Barbeiri asked if Milford would let Hopkinton use the fire hydrant and Chief Slaman stated yes. Mr. Hyman asked if they will be moving into this home and Mr. Keeley stated yes. Mr. Savignano asked the length of the driveway to the new house. Atty. Barbeiri stated about 130 feet. Mr. Halsing stated the driveway is about 14 feet wide. Mr. Arnaudo stated the highest point of the house is 35 feet. Mr. Garland asked about other town approvals. Mr. Keeley stated they have approval from the Conservation Commission and the Board of Health. Ms. McNamara asked about the order of conditions from the Conservation Commission. Mr. Keeley stated it was signed the night before and they are waiting to get it. Atty. Barbeiri stated there are no special orders to change anything. Mr. Hyman asked if there were any public comments. Mike and Lisa MacDonald, 62 Pine Island Road stated they are concerned about the applicants well and the house being closer to their property. Atty. Barbeiri stated the proposed house is downgraded from the road and the proximity should have no bearing on their system. Mr. Keeley stated the system they are putting in is over 100 feet from the well. Mr. MacDonald stated the house will be well over twice the size and block the whole view of the lake. Atty. Barbeiri stated there shouldn’t be an obstruction because of the grade being so much lower the house across the street will be 30 feet higher than the proposed house. He stated the peak of the roof is 4 feet over the height at the street. Mr. Arnaudo stated the house grows in height as the grade goes down so the proposed won’t look higher. Atty. Barbeiri stated the appearance will be the same. Mr. MacDonald asked if he was putting a new well down there. Mr. Keeley stated it will be closer to the street. Board of Appeals June 24, 2020 Page 3 of 5 Atty. Barbeiri stated the existing home is in a sad state of repair and the Historical Commission has signed off on it. Mr. Hyman stated there were three letters of support from abutters in the file. Mr. DiMascio questioned the proposed heights and stated the Board should be looking at the actual height. Mr. Hyman stated they are really looking at about 24 feet. Mr. DiMascio asked how far the garage is on the adjacent property. Mr. Hyman stated it shows 26 feet on the plan. Ms. McNamara stated she looked at the property and the street is very hard to turn around on and stated her concerns. Atty. Barbeiri stated the Board of Health looked at the placement of the well and the applicant got their approval. He stated there will be no increase in water usage as the existing and the new are both 3 bedrooms. Mr. Savignano moved to close the public hearing. The motion was seconded by Mr. DiMascio and passed unanimously. The votes were: Mr. Hyman: Yes; Mr. Warren: Yes; Mr. DiMascio: Yes; Mr. Savignano: Yes; Mr. Garland: Yes. Mr. Warren stated the project will improve the lot, neighborhood and the lake. He stated the existing non-conformites will be reduced for the most part. He stated he doesn’t think the well will be impacted by the groundwater. He stated he agrees with the Chief but doesn’t know if they have the legal right to require the house be sprinkled. Mr. DiMascio stated he also agrees with Chief Slaman for a requirement of a sprinkler system. Mr. Hyman stated he thinks the Board can condition it. Mr. Garland stated he understands the concerns but doesn’t think it should be a condition. Mr. Hyman moved to find that the proposed dwelling will not be substantially more detrimental to the neighborhood then the existing and will be in harmony to the bylaw and grant a special permit under 210-128a with the condition that an appropriate system of an automatic residential sprinklers be added to the dwelling for public safety due to increased size and location of the project in consideration to 210-223h and comply with plans submitted. The motion was seconded by Mr. Warren and passed unanimously. The votes were: Mr. Hyman: Yes; Mr. Warren: Yes; Mr. DiMascio: Yes; Mr. Savignano: Yes; Mr. Garland: Yes. Mr. Warren moved to grant a special permit under 210-119 for 6 feet and 21 feet of relief on the side yard setback due to irregular shape of lot and the unusual topography with the above condition for a suppression system. The motion was seconded by Mr. DiMascio and passed unanimously. The votes were: Mr. Hyman: Yes; Mr. Warren: Yes; Mr. DiMascio: Yes; Mr. Savignano: Yes; Mr. Garland: Yes. Documents Used: Uniform Application for Special Permit/Petition for Variance with supporting documents 8:40 PM Administrative Session of the Board of Appeals Minutes The Board reviewed the minutes of April 22, 2020. Mr. Warren moved to adopt the minutes of April 22, 2020. The motion was seconded and passed unanimously. The votes were: Mr. Hyman: Yes; Mr. Warren: Yes; Mr. DiMascio: Yes; Mr. Savignano: Yes; Mr. Tuite: Yes; Mr. Garland: Yes; Ms. McNamara: Yes. Documents Used: Draft minutes from April 22, 2020 Board of Appeals June 24, 2020 Page 4 of 5 Mr.Warren moved to adjourn the meeting.The motion was seconded and passed unanimously.The votes were:Mr.Hyman:Yes;Mr.Warren:Yes;Mr.DiMascio:Yes;Mr.Savignano:Yes;Mr.Tuite:Yes; Mr. Garland: Yes; Ms. McNamara: Yes. Meeting Adjourned: 8:45 PM Adina DePaolo, Administrative Assistant Approved: August 26, 2020 Board of Appeals June 24, 2020 Page 5 of 5