HomeMy Public PortalAbout20150114 - Board of Appeals - Meeting MinutesRORY WARREN, Chairman
G. MICHAEL PEIRCE, Vice Chairman
MARK J. HYMAN, Clerk
TOWN OF HOPKINTON
OFFICE OF
BOARD OF' APPEALS 2016 APR -.7 API 9:20
TOWN HALL
18 MAIN STREET —THIRD FLOOR
HOPKINTON, MASSACHUSETTS 01748-3209
(508) 497-0012
Minutes of the
Board of Appeals
W W W.HOPKINTON.ORG
ZBA@Hopkinlonma.gov
Minutes: January 14, 2015 Called to Order: 7:05 PM
Town Hall, 2°a Floor Adjourned: 9:00 PM
Members Present: Rory Warren, Chairman; Michael Peirce, Vice Chairman; Michael DiMascio; June
Clark; John Savignano; Jim Meyer; Peggy Shaw
Members Absent: Mark Hyman, Clerk
Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting; Charles Kadlik, Zoning
Enforcement Officer; Michael Shepard, Assistant Building Inspector; Christopher Heep, Miyares and
Harrington
7:05 PM Administrative Session of the Board of Appeals
Peppercorn Village Realty Trust
Atty. Thomas Wickstrom stated they would like to request a bond reduction for Peppercom Village. He
stated that Fay, Spofford and Thondikes latest notification to the Board is to reduce it to $50,761.00. He
stated the landscaping is easy to deal with. He stated in regards to the island the residents will be upset if
it is built. He stated there is a safety issue with the busses. He stated with in regards to the drywells,
Peppercorn built a French drain system as an alternative. Mr. Warren asked what their Engineers say.
Atty. Wickstrom stated they are the ones that recommended the French drains. Mr. Peirce asked how
they came to learn that the drywell system wouldn't work. Mr. Ahmed stated that when they were
digging the pipes were floating and things weren't right. He stated there was water in the basements and
they thought it was just a minor change to make it work. Mr. Peirce asked if they are saying the traffic
island was built and then removed. Mr. Ahmed stated yes, the people living there requested the bus come
into the project instead of just on School Street. Mr. Wan -en stated he does not have a problem with the
traffic island not being built but he thinks the drainage is an engineering issue. Mr. Peirce stated he
would like to discourage people from making changes to the design of projects without the Town being
involved. He stated he would like to understand the science behind why the first one was incorrect. He
stated he can't support a modification to the bond without a review. Mr. Warren stated the Fay, Spofford
and Thorndike landscaping estimate only went down about $4,000.00. He stated his thoughts are this
needs to go back to peer review regarding the drainage. He stated the applicant needs to submit as-builts
and documentation to FS&T. He also recommended that Peppercorn submit $5,000.00 to be deposited
into the 53G account.
Mr. Peirce moved to require the applicant and engineer submit updated correct as-builts and
documentation to FS&T and allow the applicant to leave the island out and require the applicant the
submit $5,000.00 to be deposited into the 53G account and leave the bond where it is until there is some
progress on this. The motion was seconded by Mr. DiMascio and passed unanimously.
Atty. Wickstrom stated he thinks the bond should be reduced. Mr. Warren stated the amount of work is
still unknown.
Documents Used:
January 14, 2015 email from Fay, Spofford and Thorndike
7:30 PM Application for Public Hearing
5 Briarcliff Drive — Thompson
Melissa Thompson — Applicant
Michael Thompson — Applicant
Mr. Warren stated he would be stepping down from the hearing because his company is involved in the
real estate transaction.
Members Sitting: Mr. Peirce, Mr. DiMascio, Ms. Clark, Mr. Savignano, Mr. Meyer
Members in Attendance: Ms. Shaw
Ms. Thompson stated they are located on a corner lot. She stated the east side is a private road and the
front road is a public road. She stated they are seeking a variance on the side that is on the private road.
She stated they have gone to the Conservation Commission and they are restricted by wetlands on the
west side. She stated the proposed site will have the least impact on the wetlands. She stated they have
proposed a garden shed that would be 14'x10'. She stated they have a plunge pool in the plans that would
not be visible from the private road. She stated you will only see the back side of the shed. She stated the
new screened in porch would meet setbacks. Mr. Savignano asked if the front on their house faces Brian
Lane and Ms. Thompson stated yes. Mr. DiMascio asked if they have spoken to their neighbors. Ms.
Thompson stated yes and there have been no objections. The Board review the proposed plans. Mr.
Peirce asked if the new Order of Conditions they received was an amendment to the 1999 one. Ms.
Thompson stated no, this one was issued to them for the proposed project.
Mr. Warren 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 find that there is a uniqueness to the property and hardship due to conservation
issues and that the proposed would not derogate from the intent of the bylaw and it is not detrimental to
the neighborhood. The motion was seconded by Mr. DiMascio and passed unanimously.
Mr. Peirce moved to grant a variance for 30 feet of relief from the front setback on Brian Lane with the
condition that the construction be consistent with the plans submitted and the Order of Conditions.
Docmnents Used:
Uniform Applications for Special Permtt/Petition for Variance with supporting documents
Board of Appeals
January 14, 2015
Page 2 of 3
7:15 PM Continuation of Public Hearing
Lumber Street— Hopkinton Mews LLC
Robert Hewitt — Millcreek Residential Trust
Deborah Horowitz, Attorney — Goulston & Storrs
Phil Paradis — Beta Group, Inc.
Members Sitting: Mr. Warren, Mr. Peirce, Mr. DiMascio, Ms. Clark, Mr. Savignano
Member in Attendance: Mr. Meyer, Ms. Shaw
Mr. Warren stated the requested waivers and draft decision were sent out. Atty. Horowitz stated they
submitted the draft and got a revised draft back today from Ms. Lazarus and Town Counsel. She stated
they also submitted a list of waivers. She stated if they don't end up with 280 units they may revisit the
request and add a waiver for the water fees. The Board reviewed the list of waivers. Atty. Horowitz read
through all the waivers requested. Mr. Peirce asked if Town Counsel had seen the waiver list. Atty. Heep
stated the Board should have been hearing testimony about these waivers through the whole hearing
process. He stated it would have been a good time to confirm them with the appropriate department,
committee or peer review. Mr. DiMascio asked if the Board has the ability to waive the applicants need
for a permit from the Board of Health and Atty. Horowitz stated yes. Mr. Paradis stated he has read
though the waivers and most of them are technical and only a few will affect the project. He stated he did
not hear anything that was incorrect. Mr. Peirce stated he thinks it is important that all the members of
the Board have time to review the draft decision. Atty. Horowitz stated they have been through it and
have made some revisions. She stated the vast majority of issues she has with the draft are language
issues. She stated she would like to have a working group between now and the next meeting. Mr. Peirce
stated he would like a redline document at the next meeting so the Board knows what is proposed to
modify. Mr. Warren asked what the Boards feeling were on the change from 250 to 280 units. Mr.
DiMascio stated he has no issues with the change. Mr. Savignano stated he feels the same way. Ms.
Clark stated it is not a huge difference. Mr. Warren stated it will not affect his opinion. Mr. Warren
asked the Board how they feel about 1 or more of them working with Ms. Lazarus and the applicant
before the next meeting and then asked who would like to do it. Mr. Peirce stated he does not have time
at the moment. Mr. Warren stated he would do it.
Mr. Peirce moved to continue the public hearing until January 28, 2015 at 7:15pm. The motion was
seconded by Mr. DiMascio and passed unanimously.
Documents Used:
December 10, 2014 Letterfrom Keith G. Langer, Esquire
January 9, 2015 Letterfrom the Design Review Board
January 14, 2015 List of Requested Waivers from Local Requirements and Regulations
Mr. Peirce moved to adjourn the meeting. The motion was seconded and passed unanimously.
Meeting Adjourned: 9:00 PM
Adina Wright, Administrative Assistant
Approved: March 23, 2016
Board of Appeals
January 14, 2015
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