HomeMy Public PortalAbout20211208 - 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
JOHN COUTINHO, VICE CHAIR & CLERK ZBA@Hopkintonma.gov
Minutes of the
Board of Appeals
Minutes: December 8, 2021 Called to Order: 7:20 PM
Remote Zoom Meeting Adjourned: 8:30 PM
Members Present:Mark Hyman,Chairman;John Coutinho,Vice Chair &Clerk;Michael DiMascio;
Ria McNamara; Kevin Baxter (7:35pm); James Burton
Members Absent:John Savignano; Jerry Tuite; Walter Garland
Others Present:Adina DePaolo, Administrative Assistant;Bill Miller, Fire Chief
Mr.Coutinho 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 names of anticipated
speakers on the agenda, David LaPointe and Harold Nahigian, who responded affirmatively.
Mr.Coutinho stated that the meeting is being conducted remotely consistent with Governor Baker ’s
Executive Order of March 12,2020 and recently amended and extended,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.
7:25 PM Application for Special Permit
103-109 South Street – Southfield Properties III, LLC
Members Sitting: Mr. Hyman, Mr. Coutinho, Mr. DiMascio, Ms. McNamara, Mr. Burton
Other Members: Mr. Baxter
David LaPointe - Beals & Thomas
Harold Nahigian - Southfield Properties III, LLC
Mr.LaPointe stated the property is approximately 5 acres and is located in the Industrial A district.He
stated there are currently two existing buildings.He stated they would like to redevelop the site as the
current buildings aren’t suited for the demand of building types that are needed these days..He stated the
intent is to demolish the existing buildings and re-develop the site with a new building that would be
designed for a more bio/pharmaceutical use.He stated they are running into some topographical
constraints where the site is actually very unique with a 20 foot elevation change from one corner of the
property to the other. .
Mr. Baxter arrived at 7:35pm.
He stated the intent is stormwater will be managed subsurface and there is a driveway that goes around
the entire perimeter.He stated the front facing South Street would be 2-story with an area for parking
beneath the building and then also space for offices and conference rooms and then the upper level is
where the labs and manufacturing would be.He stated they are seeking variances for lot coverage and
gross floor area.He stated the building design is a slight increase over the allowed lot coverage.He stated
the allowed lot coverage is 40%of the lot and the proposed lot coverage is 41.4%and the gross floor area
allowed is 50%of the lot area and the proposed is 51.5%.He stated it is within keeping with the other
developments along South Street.He stated it would not be a detriment to the neighborhood in any way.
He stated they are hoping the Board would be amenable to approving the requests.The Board reviewed
the plans with the applicant.Mr.Hyman stated the relief for gross floor area and lot coverage is only
about 3-3.5%change.He stated the topography is a bit of a stretch.Mr.LaPointe stated a building to
meet this type of facility would require a large area and parking is a factor in the overall design.He stated
they don’t meet the parking requirements but will seek relief with the Planning Board.He stated the
topography is what is dictating the overall design.Mr.Hyman stated he is still struggling with the
requirement for that very small space that puts them over what is allowed.He asked,with respect to the
parking,if they have done a swept path analysis.Mr.LaPointe stated the need for a large tractor trailer is
very rare and would not happen very often.He stated it is very typical for smaller box type trucks.He
stated they have done an auto turn analysis.Chief Miller stated they will require a swept path analysis
with their ladder truck.He stated they need a minimum of 12 feet to set the ladder truck up.He stated
there are already some obstacles here.He stated at a minimum they can get around the building if there
are cars parked there.Mr.LaPointe stated the design hasn’t been completed in full detail because they
wanted to get through the Zoning Board first.He stated the angle of the loading docks could be angled
slightly.Mr.Coutinho stated this is exactly what they have been trying to get on South Street.He stated
he hopes they can work through some of these issues and the Planning Board can work with them.Mr.
Hyman stated he encourages the work in the area.Ms.McNamara asked what Mr.Nahigian thought the
real parking would be.Mr.Nahigian stated space gets consumed but not with a lot of people.He stated
their analysis is 2 cars per 1,000 square feet.He stated there will be a lot of asphalt there that is not doing
anything.Ms.McNamara asked if reducing the parking would help with the Fire Chiefs'concerns.Mr.
Nahigian stated they will need to meet those requirements.Ms.McNamara stated she thinks the plan
needs some work.Mr.Hyman stated they are already shaving off about 80 parking spots.Chief Miller
asked about the 24 feet from end of parking space to end of parking space.He asked about where the
Board of Appeals
December 8, 2021
Page 2 of 4
trailer trucks are parking.Mr.LaPointe stated about 10 feet from the end of the parking space to the
corner of the cab of the truck.Chief stated his trucks are about 10 feet wide so his concern is just where
the tractor trailer trucks would be.Mr.LaPointe stated they can explore with the Architect by rotating the
loading docks slightly to twist them a little further away from the parking spaces to open the drive aisle a
little wider.Mr.Coutinho stated there are changes in the parking requirements coming up at the next
Town Meeting.Mr.DiMascio asked if the parking garage is included in the area.Mr.LaPointe stated
that is correct.Mr.DiMascio asked if that is acceptable for the area.Mr.LaPointe stated yes.Mr.
DiMascio stated even if the building was smaller and met the requirements they would still be dealing
with these issues but they could do this by right.He stated it is almost de minimis.He stated he doesn't
see any type of issues here.Mr.Hyman stated that is a fair point.He stated the Board can look at this
now and vote and then it would go to the Planning Board or could ask for more information on this.
Mr. Hyman asked if there were any public comments and there were none.
Mr.Hyman asked the Board if they are inclined to ask for more information and hold the hearing open or
do we close the hearing and make a decision.Mr.Coutinho stated he agrees with Mr.DiMascio and
stated the 1.4%is de minimis.He stated we all want industry of this type in this Town.Mr.DiMascio
stated his opinion is to condition it that it needs to meet the fire codes.Mr.LaPointe stated that is
acceptable.Ms.McNamara stated she thinks it should be conditioned on the type of use.Mr.Hyman
stated the Board is not approving the parking plan.Mr.Hyman asked if that type of use would be
acceptable to that condition.Mr.Nahigian stated it is contemplated for that type of purpose and is out of
the Boards purview but is okay if that is thrown in.Mr.DiMascio stated that is not in this Board’s
purview and we should not be stepping on the Planning Board jurisdiction.Mr.DiMascio asked if this is
designed as an open parking structure. Mr. LaPointe stated not the whole area.
Mr.DiMascio moved to close the public hearing.The motion was seconded by Mr.Coutinho and passed
unanimously.The votes were:Mr.Hyman:Yes;Mr.Coutinho:Yes;Mr.DiMascio:Yes;Ms.McNamara:
Yes; Mr. Burton: Yes.
Mr.Hyman stated the property is slightly irregular in shape.He stated this is pretty deminimus and is
okay with going forward.
Mr.Coutinho moved to grant a variance under 210-28a due to the issues of topography and that it would
not be substantially more detrimental to the neighborhood and under 210-28a to allow for 1.4%for lot
coverage and 1.5%for gross floor area with the condition they comply with the Mass Comprehensive Fire
Code and the construction be consistent with the plans except for changes to meet the Mass
Comprehensive Fire Code as required.The motion was seconded by Mr.DiMascio and passed
unanimously.The votes were:Mr.Hyman:Yes;Mr.Coutinho:Yes;Mr.DiMascio:Yes;Ms.McNamara:
Yes; Mr. Burton: Yes.
Documents Used:
Uniform Application for Special Permit/Petition for Variance with supporting documents
8:25 PM Administrative Session of the Board of Appeals
Minutes
Board of Appeals
December 8, 2021
Page 3 of 4
The Board reviewed the minutes of November 10, 2021. Mr. Coutinho moved to adopt the minutes of
November 10, 2021. The motion was seconded and passed 5-0-1. The votes were: Mr. Hyman: Yes; Mr.
Coutinho: Yes; Ms. McNamara: Yes; Mr. Baxter: Yes; Mr. Burton: Yes; Mr. DiMascio: abstain.
Documents Used:
Draft minutes from November 10, 2021
Mr.Hyman informed the Board that Mr.Savignano has resigned for the end of the year and also that he
will be leaving soon as he is moving to Chicago.
Mr.Coutinho moved to adjourn the meeting.The motion was seconded and passed unanimously.The
votes were:Mr.Hyman:Yes;Mr.Coutinho:Yes;Mr.DiMascio:Yes;Ms.McNamara:Yes;Mr.Baxter:
Yes; Mr. Burton: Yes.
Meeting Adjourned: 8:30 PM
Adina DePaolo, Administrative Assistant
Approved: January 12, 2022
Board of Appeals
December 8, 2021
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