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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 Page 3 of 3