HomeMy Public PortalAbout20230927 - Board of Appeals - Meeting MinutesTOWN OF HOPKINTON
OFFICE OF
BOARD OF APPEALS
_____________________________
TOWN HALL
18 MAIN STREET –THIRD FLOOR
HOPKINTON,MASSACHUSETTS 01748-3209
(508)497-0012
JOHN COUTINHO,Chair &Clerk WWW.HOPKINTONMA.GOV
MICHAEL RILEY,VICE CHAIR ZBA@Hopkintonma.gov
Minutes of the
Board of Appeals
Minutes:September 27,2023 Called to Order:7:04 PM
Remote Meeting via Zoom Adjourned:9:15 PM
Members Present:John Coutinho,Chair and Clerk;Michael Riley;Vice Chair;Michael DiMascio;
James Burton;Arnold Cohen;John Mosher
Members Absent:
Others Present:Elaine Lazarus,Assistant Town Manager;Michael Shepard,Assistant Building
Inspector;Adina DePaolo,Administrative Assistant
Mr.Coutinho called the meeting to Order,and called the name of each Board member.Each responded
affirmatively that they were present and could hear him.Mr.Coutinho then called the names of each staff
member who responded affirmatively that they were present and could hear him.
Mr.Coutinho stated that the meeting is being conducted remotely pursuant to chapter 22 of the Acts of
2022.He noted that for this meeting the Board is convening by video conference via Zoom as posted on
the Town’s web meeting calendar and the Board’s agenda identifying how the public may join.He noted
that the meeting is being recorded and attendees are participating by video conference.Mr.Coutinho
stated that all supporting materials that have been provided to the Board are available on the Town
website via the web meeting calendar,unless otherwise noted.He then went over the ground rules for
effective and clear conduct of business and to ensure accurate meeting minutes.
7:09 PM Administrative Session of the Board of Appeals
Mr.Coutinho stated he would like to discuss whether the Board needs outside counsel to represent the
Board for the school hearing.Mr.Graziano suggested the Board defer the discussion until after they open
the hearing.Mr.Coutiho moved to request the Select Board hire independent counsel for the Board for
the school application.Mr.Riley seconded the motion and discussion followed.Mr.Cohen stated he
doesn’t think the Board needs their own counsel.He stated this is under the Dover amendment and the
only issue is the height of the building.He stated he thinks the Board should hear the presentation before
they decide if we need outside counsel.Mr.Coutinho stated he is just trying to be careful.Mr.Riley
stated there is more in front of the Board than just height.He referred to the application.Atty.Bertram
stated all that was asked of him to represent was the height.Mr.Shepard stated the only thing before the
Board tonight is the height.He stated they will also have to go before the Planning Board.He stated it
meets all the setbacks.Mr.Riley stated he feels comfortable opening the hearing based on the only
requirement being the height.The Board tabled the vote until after they opened the hearing.
7:24 PM Application for a Special Permit
7 Stewart Street -Dumas
Members Sitting:Mr.Coutinho,Mr.Riley,Mr.DiMascio,Mr.Burton,Mr.Cohen
Other Members:Mr.Mosher
Gregory Dumas -Applicant
Mr.Dumas stated he is the homeowner and builder.He stated they would like to install a pool.He stated
their house sits very far back on the lot which limits their rear yard.He stated they will need relief for the
rear yard setback.He stated his neighbor is in support and the Board has a letter from him.He stated the
state park is in the rear of his property.Mr.Shepard stated there will be no houses built behind him.He
stated they are looking for 24 feet of relief.He stated the Building Department recommends approval of
this project.
Mr.Coutinho asked if there were any public comments and there were none.
Mr.Coutinho read the letter in support of the project from Mike and Sharon Nordling,9 Stewart Street.
Mr.Riley moved to close the public hearing.The motion was seconded by Mr.Cohen and passed
unanimously by roll call vote.The votes were:Mr.Coutinho:Yes;Mr.Riley:Yes;Mr.DiMascio:Yes;
Mr.Burton:Yes;Mr.Cohen:Yes.
Mr.DiMascio moved to grant a special permit under 210-119 for 24 feet of rear setback relief on a finding
it will not be more detrimental to the neighborhood than the existing and it will be in harmony with the
general purpose and intent of the bylaw and due to the unusual shape of the lot.The motion was
seconded by Mr.Riley and passed by roll call vote.The votes were:Mr.Coutinho:Yes;Mr.Riley:Yes;
Mr.DiMascio:Yes;Mr.Burton:Yes;Mr.Cohen:Yes.
Documents Used:
Uniform Application for Special Permit/Petition for Variance with supporting documents
7:35 PM Application for a Special Permit
0,0 &147 Hayden Rowe -Town of Hopkinton
Members Sitting:Mr.Coutinho,Mr.Riley,Mr.DiMascio,Mr.Burton,Mr.Cohen
Other Members:Mr.Mosher
Bryan Bertram -Attorney
Jonathan Graziano -Chair of the Elementary School Committee
Dan Colli -Perkins Eastman
Chris Eberly -Vertex
Board of Appeals
September 27,2023
Page 2 of 4
Timothy Persson -Facilities
Carol Cavanaugh -Superintendent
Mr.Graziano stated they have been working for the last 2 years on the Elmwood School project.Atty.
Bertram stated this is mostly under the Dover Amendment.He stated they are only here regarding the
height.He stated it is the only thing they need a finding on.He explained the Dover Amendment.He
stated this basically exempts schools from zoning.He then read some case law.He stated there are
educational and other benefits to exceeding the height restrictions.Mr.Riley stated he feels comfortable
with the standards.Mr.Cohen agreed.Mr.Mosher stated the Board is viewing this in the context of the
needs of the building.Atty.Bertram stated the maximum height under the bylaw is 35 feet.He stated the
average highest height is 42.8 feet.He stated the top of the stair tower would reach 52.8 feet and the edge
of the gym roof would be 45.6 feet.Mr.Colli showed a slide and explained where it is situated.He
stated the building is actually quite far back on the site.He stated they are in a very heavily wooded area.
He reviewed the plans with the Board.He stated it will have 3 floors and 3 wings.Mr.Cohen asked the
height of other schools in Town.Mr.Colli stated the high school is over 40 feet.Mr.Cohen asked if this
school was just for grades 2,3 &4 and Mr.Colli stated yes.Mr.Cohen asked if this will be visible from
Hayden Rowe.Mr.Colli stated maybe minimal visibility.Mr.Cohen asked about the cost of construction
as to having this be 3 floors.Mr.Colli stated if it would be 2 floors it would be a bigger footprint which
would cost more.Mr.Mosher asked if the HVAC equipment would be added to the height.Mr.Colli
stated the HVAC will be located inside the building and not on the roof.Mr.Mosher asked if there are
any concerns with the First Responders as to the height and Mr.Colli stated no they have no concerns.
Mr.Coutinho asked about screening.Mr.Riley stated they are asking for over 17 feet of relief.He stated
the Dover Amendment states it needs to be reasonable.Mr.Colli stated the reason for the stair access is
MSPA has been asking for all new schools to provide stair access to the roof.He stated the only other
way to provide access to the roof would be with a 3x5 hatch and ladder.Mr.Eberly stated that the area is
only about 250 square feet and you are looking at only about 1 percent of the building exceeding that
height.Mr.Riley asked if it would be possible to get Mr.Shepards opinion.Mr.Shepard stated he is also
on the Building Committee.He stated they knew the school would be big so when they bought the land
they knew this would be the best site.He stated they really worked hard at getting it as far back as
possible.He stated you will see it but will barely see it.He stated the staircase is something he would
also require for the building code.Mr.Riley asked if there would be solar in the future as well.Mr.
Shepard stated the source of the heat comes from wells.He stated it is expensive but the best way to do it
energy wise.Mr.DiMascio asked what the purpose of the stairs going to the roof is if there is no
mechanical equipment up there.Mr.Colli stated there will be vents up there.Mr.Persson stated there
will be potential for that kind of maintenance for future solar.Mr.DiMascio stated you can have regular
stairs with a hatch.Dr.Cavanaugh stated the building is designed to house 1,200 students.She stated they
are children ages 7,8 and 9.She stated the front of the building was designed to be warm and welcoming
to the younger kids so they don’t have that daunting feeling of something huge.She stated with a 2 story
building with longer hallways would mean the kids would spend more time walking around to places.
She stated it is time lost on learning.She stated the wings create a community.She stated this building
was designed very specifically to maximize the learning experience.Mr.Cohen asked if there are
elevators.Dr.Cavanaugh stated there would be one elevator.Mr.Cohen asked if they would go outside
for recess.Dr.Cavanaugh stated yes they do and showed the recess area on the plans.Atty.Bertram
stated the benefits that have been articulated are exactly the types of benefits they see in the case law
supporting the Dover Amendment.
Board of Appeals
September 27,2023
Page 3 of 4
Mr.Coutinho asked if there were any public comments.
Jonathan White,16 Wild Road asked if they had a schematic drawing of the viewpoint from the south
side.He also asked if there were more details of the trees being planted.Mr.Colli stated they don’t have
a view from that area but they can get one.He stated there will be a buffer of trees and they want to keep
as many as possible.
Mr.Coutinho asked if the motion and second should be dismissed from before about independent counsel.
Mr.Riley stated he feels comfortable being able to discuss and move on this topic without the need for
independent counsel.Mr.Mosher agreed.Mr.DiMascio stated the only issue he has is what the Board
does.He stated it is not a variance or special permit and asked how the Board responds to the application.
Atty.Bertram stated they are looking for a vote from the Board that the heights proposed are acceptable.
Mr.Riley stated the decision needs to say the height of the proposal is reasonable under the Dover
Amendment.Ms.Lazarus stated there needs to be a finding that the height of the proposal is reasonable
and they qualify under the Dover Amendment.Mr.Coutinho pulled back his motion for outside counsel
Mr.Riley moved to close the public hearing.The motion was seconded by Mr.Burton and passed
unanimously by roll call vote.The votes were:Mr.Coutinho:Yes;Mr.Riley:Yes;Mr.DiMascio:Yes;
Mr.Burton:Yes;Mr.Cohen:Yes.
Mr.Riley moved to find that under the provisions of the Dover Amendment Chapter 40A Section 3 the
Board chose not to impose the height restrictions depicted on the submitted plans due to the fact that it
found it reasonable for the needs of the Elmwood elementary School project to exceed the height
limitations normally imposed.The motion was seconded by Mr.Burton and passed by roll call vote.The
votes were:Mr.Coutinho:Yes;Mr.Riley:Yes;Mr.DiMascio:Yes;Mr.Burton:Yes;Mr.Cohen:Yes.
Documents Used:
Uniform Application for Special Permit/Petition for Variance with supporting documents
9:05 PM Administrative Session of the Board of Appeals
Minutes
The Board reviewed the minutes of August 23,2023.Mr.Riley moved to adopt the minutes of August
23,2023.The motion was seconded and passed 5-0-1 by roll call vote.The votes were:Mr.Coutinho:
Yes;Mr.Riley:Yes;Mr.DiMascio:Yes;Mr.Burton:Yes;Mr.Cohen;Yes;Mr.Mosher:abstain.
Documents Used:
Draft minutes from August 23,2023
Meeting Adjourned:9:15 PM
Adina DePaolo,Administrative Assistant
Approved:November 8,2024
Board of Appeals
September 27,2023
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