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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 Page 3 of 3