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HomeMy Public PortalAbout20140409 - Board of Appeals - Meeting MinutesTOWN OF HOPKINT I M-ProTioi RORY WARREN, Chairman G. MICHAEL PEIRCE, Vice Chairman TINA M. ROSE, Clerk OFFICE OF BOARD OF APPEALS2014OCT 21 AM 9:39 TOWN CLERK'S OFFICE TOWN HALL 18 MAIN STREET - THIRD FLOOR HOPKINTON, MASSACHUSETTS 01748-3209 (508) 497-0012 Minutes of the Board of Appeals W W W.HOPKINTON.ORO ZBA@Hopkimmnmagov Minutes: April 9, 2014 Called to Order: 7:15 PM Town Hall, 2"a Floor Adjourned: 8:45 PM Members Present: Michael Peirce, Vice Chairman; Michael DiMascio; June Clark; John Savignano Members Absent: Rory Warren, Chairman; Tina Rose, Clerk; Kelly Knight Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting; Charles Kadlik, Zoning Enforcement Officer; Michael Shepard, Assistant Building Inspector 7:15 PM Application for Special Permit 24 Ash Street — Hebden John Nealon - Attorney Robert Hebden — Applicant Kathleen Hebden — Applicant Members Sitting: Mr. Peirce, Mr. DiMascio, Ms. Clark, Mr. Savignano Mr. Peirce informed the applicant that there were only 4 voting members so if they were to go forward they would need a unanimous vote. Atty. Nealon stated they would like to go forward. Atty. Nealon stated the applicant is applying for 2 special permits, 1 for an accessory family dwelling unit and 1 for side setback relief. He stated the Hebden's are new owners of 24 Ash Street. He stated several years back the previous owners were given a special permit for an accessory family dwelling unit and a variance for it being detached. He stated the previous decision says any transfer of ownership would need them to come back to the Board for a new special permit. He stated they are also seeking to expand it so they would need side setback relief. He stated there is a 10 foot side setback requirement in this zone. He stated they are asking for a special permit for 3.1 feet of relief. He stated the Hebden's intension is to sell the property to their daughter and son-in-law for them to live in the main house and the Hebden's would move into the accessory family dwelling. He stated in the event that the Board approves this he is requesting a caveat be added that the daughter and son-in-law be named so they won't have to come back before the Board. Mr. DiMascio asked how big the unit would be. Mr. Hebden stated the existing dwelling is 20'x20' and the proposed addition would be 15'x20'. Mr. DiMascio stated this would be over the allowed 800 square feet. Mr. Peirce stated everyone needs to agree to what is truly being added. He stated it looks like 1,400 square feet. Atty. Nealon stated they were going on the premise that this was an existing 400 square foot building that they were adding 300 square feet too. The Board reviewed the plans. Mr. Peirce asked if there were any public comments. Sybil Long, 26 Ash Street stated the 22 and 20 Ash Street used to be all one property and her concern is that the property would be split and made into two properties. Atty. Nealon stated there would be no need to travel over the neighbor's property to get to the accessory family dwelling. Mr. Peirce asked where the parking on the property for the 3 spaces are. The Board discussed the plan with the applicant. Mr. Peirce stated that based on the specifics he sees and the additional size he recommends the applicant request a continuation so the Board members can take a look at the property. He stated he would also like to see revised plans showing the driveway and parking. Mr. DiMascio moved to continue the public hearing until April 23, 2014 at 7:15pm. The motion was seconded by Ms. Clark and passed unanimously. Documents Used: Uniform Applications for Special Permit/Petition for Variance with supporting documents 8:00 PM Application for Special Permit 38-42 Main Street and 5 & 7 Walcott Street — MNR Realty LLC Steve Lewis — Gorman Richardson Lewis Architects Scott Richardson — Gorman Richardson Lewis Architects Joe Marquedant - Architect Greg Mazur - Trustee Kathy Mazur - Trustee Members Sitting: Mr. Peirce, Mr. DiMascio, Ms. Clark, Mr. Savignano Mr. Lewis stated they are seeking 2 variances, both regarding parking in the front of the building. He stated they would like 2 existing spaces in front of the garage to remain until they finish the new construction. He stated they are requesting a variance to keep the 7 space parking lot and improve it with landscaping and screening. Mr. Peirce asked where the applicant stands with the Planning Board. Mr. Richardson stated they have had 3 meeting and as of this past Monday they have resolved most of the issues. He stated they are scheduled to have their last meeting with them on the 28ih. Mr. Peirce asked if these plans match the Planning Board's or if they have made modifications. Mr. Lewis stated the plans in front of this Board relate just to parking in the front of the building. The Board discussed the parking. Ms. Lazarus stated the applicants do meet the parking requirements. Ms. Clark asked what the plan was for the existing garage. Mr. Lewis stated it will remain and be retail space with office space above. Ms. Lazarus stated the Planning Board will be receiving revised plans and the 7 space lot will be reduced to 6. Mr. Peirce asked if there were any public comments. Dennis Katz, Hopkinton Drug asked what the square footage for the building would be. Mr. Lewis stated about 14K square feet. Mr. Katz asked if the parking requirement includes just customers or customers and staff. Mr. Lewis stated both. Ms. Lazarus stated it is based on the use. She stated for restaurants it is based on the seats and for retail it is based on the square footage. Mr. Peirce stated the applicant is not Board of Appeals April 9, 2014 Page 2 of 3 before this Board for parking requirements but for variances to have the parking in the front of the building on Walcott Street. Ms. Clark moved to close the public hearing. The motion was seconded by Mr. Savignano and passed unanimously. Mr. Peirce stated the applicant is solely here to allow for parking short tenn and then long term on Walcott Street. Mr. Peirce moved to find the proposed will not derogate from the intent of the bylaw and it would not be more detrimental to the neighborhood and grant variances under 210-20.4.A to allow the location of parking spaces between Walcott Street and the new building proposed for 42 Main Street, and between Walcott Street and the existing building at 5 Walcott Street with the conditions that the parking spaces be consistent with the plans and that 2 parking spaces to be located between Walcott Street and the building at 5 Walcott Street shall be removed and the area landscaped in a manner which is consistent with the plans before the issuance of the certificate of occupancy for 42 Main Street. The motion was seconded by Ms. Clark and passed unanimously. Documents Used: Uniform Applications for Special Permit/Petition for Variance with supporting documents Mr. DiMascio moved to adjourn the meeting. The motion was seconded and passed unanimously. Meeting Adjourned: 8:45 PM Adina Wright, Administrative Assistant Approved: October 8, 2014 Board of Appeals April 9, 2014 Page 3 of 3