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
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