HomeMy Public PortalAbout20140326 - Board of Appeals - Meeting MinutesRORY WARREN, Chairman
G. MICHAEL PEIRCE, Vice Chainnan
TINA M. ROSE, Clerk
TOWN OF HOPKINTON
OFFICE OF
BOARD OF APPEALS
TOWN HALL
18 MAIN STREET —THIRD FLOOR
HOPKINTON, MASSACHUSETTS 01748-3209
(508) 497-0012
Minutes of the
Board of Appeals
2014SEP30 Pi"; I0: 22
CLERK'S O.
W W W. HOPKINTON.ORO
ZBA@Hopkintonma.gov
Minutes: March 26, 2014 Called to Order: 7:15 PM
Town Hall, 2"d Floor Adjourned: 9:15 PM
Members Present: Rory Warren, Chairman; Michael Peirce, Vice Chairman; Tina Rose, Clerk Michael
DiMascio; June Clark; Kelly Knight; John Savignano
Members Absent:
Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting; Michael Shepard,
Assistant Building Inspector
7:15 PM Application for Special Permit
81-83 Wood Street — Town of Hopkinton Department of Public Works
Eric Carty — Water/Sewer Manager
John Potts — Weston & Sampson Engineers
Members Sitting: Mr. Warren, Mr. Peirce, Ms. Rose, Mr. DiMascio, Ms. Clark
Members in Attendance: Ms. Knight, Mr. Savignano
Mr. Potts stated the Town of Hopkinton is upgrading the pump station. He stated in extreme wet weather
they need to use a portable pump. He stated they are replacing existing equipment with larger equipment
so there is no room for the generator so they are proposing to move the generator. He stated the only
location would be in front of the station on a 10'x18' concrete pad. He stated they have been in front of
the Conservation Commission and received a negative finding. He stated the generator is an emergency
backup so most of the time it will sit there silent. Mr. DiMascio asked what was on the property that is
directly adjacent. Mr. Potts stated it is mostly wooded. Mr. Savignano asked if the new generator would
be housed in anything and Mr. Potts stated in would be in an enclosure. Mr. Shepard asked if they had
given any thought to natural gas instead of diesel. Mr. Potts stated gas pressure didn't allow for it and the
generator would have been even larger.
Mr. Warren asked if there were any public comments and there were none.
Mr. Peirce asked if there would be landscaping. Mr. Potts stated they would be doing something but not
sure what it would be as of yet. He stated there are shrubs shown on the plans but they are not sure what
kind.
Ms. Rose moved to close the public hearing. The motion was seconded by Mr. DiMascio and passed
unanimously.
Documents Used:
Uniform Applications for Special Perm /Petition for Variance with supporting documents
7:30 PM Appeal of Administrative Decision
151 Hayden Rowe Street— Water Fresh Farm LLC
Douglas Resnick — Attorney
Jeff Barton
Donna Todaro
Members Sitting: Mr. Warren, Mr. Peirce, Ms. Rose, Mr. DiMascio, Ms. Clark
Members in Attendance: Ms. Knight, Mr. Savignano
Atty. Resnick stated they are appealing the denial of a building permit for a seasonal tent. He stated the
appeal is based on this type of activity is a valid accessory use to the primary agricultural use. He then
gave the background of the property. He stated the accessory use has to be incidental and customarily
subordinate and located on the same property. He stated every faun is different and not every faun is
conducive to the same accessory uses. As an example he stated they do not grow corn so they aren't
going to do a corn maze. He stated they are proposing to do farm to table dinners and events. He stated
they cannot hold them indoors because that would change the use to assembly so they are proposing to do
it outside on a seasonal basis. He stated all events will be green themed. He stated they will set
perimeters and have set times and be using an event planner. He stated the Board needs to determine that
this is a valid accessory use. Mr. Shepard stated that ownership has done a great job and been very
cooperative. He stated about a year and a half ago they suggested the applicant go to Town Meeting to be
rezoned but Town Meeting denied this request. He stated he has no preference one way or another. He
stated his biggest concern is how you control something like this. He stated he looks at this as an
accessory use creep. Atty. Resnick stated there is no such thing as an accessory use creep. He stated an
accessory use is an accessory use. He stated prepared foods and farm dinners are already being produced,
they just want to offer them outside and not just inside. Mr. Shepard read section 3 of the Zoning Act.
Mr. Barton stated they want to take something they already do and bring it outside and have these farm to
table events and put up a tent. He stated all the other farms around do this already. Ms. Rose stated that
this was all about the tent and Atty. Resnick stated yes. He stated they are here to talk about the use and
whether this is an accessory. Mr. Peirce asked if they prepare food on site and Mr. Barton stated yes. Mr.
Peirce asked if they have a liquor license. Mr. Barton stated yes beer and wine. Mr. Peirce stated that
that would clearly need to be changed. Atty. Resnick stated they would need one single day license for
each event. Mr. Shepard stated the Planning Board would deal with site plan issues including the
parking. Mr. Peirce asked if you go in and order a meal right now can you sit down and eat it and Atty.
Resnick stated yes. Mr. Peirce asked if you drink a beer with it. Atty. Resnick stated no, they only sell
beer and wine like a package store. He stated they would need to get a one day license. Mr. Barton stated
the focus on this from their perspective is the food. He stated they would provide food for all the events.
He stated everything else will play out in front of the other Boards. He stated they are in front of this
Board just to see if they should be allowed to have these events. Mr. Peirce stated he thinks the Board, if
approving this would have the ability to make findings. Mr. DiMascio stated he thinks there needs to be
some limitations. Mr. Barton stated they envisioned it as being a weekend thing the summer months. He
stated there would probably be about 10-12 events over the summer. Mr. Peirce stated he would feel
more comfortable if they carne back and gave some sort of perimeters of what they are looking for. He
stated he agrees it's all about the use. Ms. Rose read abutters letter in support of the proposed.
Board of Appeals
March 26, 2014
Page 2 of 3
Mr. Warren asked if there were any public comments.
George Carey, 1 Brian Lane stated his biggest concern is the noise. He stated he doesn't want weddings
in his back yard every weekend from May through September. He stated these self-imposed restrictions
are just that. He stated there are issues with traffic also. Mr. Peirce stated a lot of what they are
proposing will require approvals from other departments.
Atty. Resnick stated they would like to request a continuation.
Claire Wright, 20 Hayden Rowe Street stated she is concerned with the hours and the concept of getting
these approved ahead of time.
Muriel Kramer, 39 North Street stated she is sensitive to the neighbors' concerns but is here in favor of
Water Fresh Farm.
James Persson, 14 Greenwood stated he is very impressed with Mr. Barton's operation and thinks this is a
great opportunity.
Ms. Rose moved to continue the public hearing until April 23, 2014 at 7:15pm. The motion was
seconded by Mr. Peirce and passed unanimously.
Documents Used:
Uniform Applications for Special Permit/Petition for Variance with supporting documents
March 26, 2014 email from Denise Card of 39 South Mill Street
March 26, 2014 email from Anne Babcock of 9 Emerson Way
March 26, 2014 email from Lydia Munger of 10 Emerson Way
March 26, 2014 email from Sonia Cleven of 12 Bowker Road
9:00 PM Administrative Session of the Board of Appeals
81-83 Wood Street
Voting Members: Mr. Warren, Mr. Peirce, Ms. Rose, Mr. DiMascio, Ms. Clark
Mr. Peirce moved to grant a variance for 26 feet of relief from the front setback under 210-8 on a finding
of hardship that the property is unique as described and it won't derogate from the intent of the bylaw and
there would be no negative impact on the neighborhood. The motion was seconded by Ms. Rose and
passed unanimously.
Mr. Peirce moved to grant a special permit under 210-119 for 10 feet of side setback relief. The motion
was seconded by Ms. Rose and passed unanimously.
Mr. Peirce moved to adjourn the meeting. The motion was seconded and passed unanimously.
Meeting Adjourned: 9:15 PM
Adina Wright, Administrative Assistant
Approved: September 10, 2014
Board of Appeals
March 26, 2014
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