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Home My Public Portal About20130626 - Board of Appeals - Meeting MinutesRORY WARREN, Chairman G. MICHAEL PEIRCE, Vice Chairman 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 AN10:22 PO4'rN CLEkiy'S L'; ( . W W W.HOPKMTON.ORG ZBA@Hopkinlonma.gov Minutes: June 26, 2013 Called to Order: 7:00 PM Town Hall, 2o" Floor Adjourned: 9:15 PM Members Present: Rory Warren, Chairman; Michael Peirce, Vice Chairman; Tina Rose, Clerk; June Clark; Kelly Knight; John Savignano (7:13pm) Members Absent: Michael DiMascio Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting; Charles Kadlik, Zoning Enforcement Officer; Michael Shepard, Assistant Building Inspector 7:00 PM Administrative Session of the Board of Appeals Minutes The Board reviewed the minutes of April 11, 2012. Mr. Peirce moved to adopt the minutes of April II, 2012. The motion was seconded and passed 4-0-1. The votes were: Mr. Warren: Yes; Mr. Peirce: Yes; Ms. Rose: Yes; Ms. Clark: Yes; Ms. Knight: abstain. The Board reviewed the minutes of May 2, 2012. Mr. Peirce moved to adopt the minutes of May 2, 2012. The motion was seconded and passed 4-0-1. The votes were: Mr. Warren: Yes; Mr. Peirce: Yes; Ms. Clark: Yes; Ms. Knight: Yes; Ms. Rose: abstain. The Board reviewed the minutes of May 23, 2012. Ms. Rose moved to adopt the minutes of May 23, 2012. The motion was seconded and passed 4-0-1. The votes were: Mr. Warren: Yes; Ms. Rose: Yes; Ms. Clark: Yes; Ms. Knight: Yes; Mr. Peirce: abstain. The Board reviewed the minutes of September 12, 2012. Mr. Peirce moved to adopt the minutes of September 12, 2012. The motion was seconded and passed 4-0-1. The votes were: Mr. Warren: Yes; Mr. Peirce: Yes; Ms. Rose: Yes; Ms. Clark: Yes; Ms. Knight: abstain. Documents Used: Draft minutes of April 11, 2012 Draft minutes of May 2, 2012 Draft minutes of May 23, 2012 Draft minutes of September 12, 2012 Mr. Savignano arrived at 7:13pm. 7:15 PM Application of Special Permit 48 Downey Street — Guaranteed Builders Inc. Bill Pybas — Permit Coordinator, Guaranteed Builders Inc. William Newell - Owner Members Sitting: Mr. Warren, Mr. Peirce, Ms. Rose, Ms. Clark, Mr. Savignano Members in Attendance: Ms. Knight Mr. Pybas stated they are looking for relief for a variance to build a detached garage. He submitted documents to the Board regarding the deeds. He stated there is hardship due to the topography of the lot. He stated the special permit request is because of the pre-existing non -conforming lot itself. He stated many garages have been added on Downey Street that are close to the street. Mr. Warren stated the Board needs something from Mr. Newell stating as owner he gives Guaranteed Builders permission to act on his behalf. Mr. Newell stated he would submit something for the file. Mr. Peirce reviewed the deed and the chain of title and then asked if they have been before the Conservation Commission. Mr. Pybas stated yes. Mr. Peirce asked if there is a retaining wall in that area now and Mr. Pybas stated yes. Mr. Peirce asked if they need to do any drainage and Mr. Pybas stated no. Mr. Peirce stated he would like to request a certified as -built foundation plan if this request is approved. Mr. Warren asked if there were any other comments and there were none. Mr. Peirce asked if anyone had reached out to any of the abutters. Mr. Pybas stated they sent letters out and they didn't receive any negative comments. Mr. Peirce moved to close the public hearing. The motion was seconded by Ms. Rose and passed unanimously. Documents Used: Uniform Applications for Special Permit/Petition for Variance with supporting documents 7:50 PM Continuation of Public Hearing 110 Hayden Rowe Street — Gassett Building, Inc. and Summit Realty Trust Wayne Davies — Attorney for Gassett Building, Inc. and Summit Realty Trust Brian Gassett — Applicant Anne DiBona — Property Owner & Abutter Paul DiBona - Abutter Michael Cournoyer — Prospective Buyer Members Sitting: Mr. Warren, Mr. Peirce, Ms. Rose, Ms. Clark, Mr. Savignano Members in Attendance: Ms. Knight Atty. Davies stated that Ms. DiBona submitted documents to the Board earlier and hopes that this helps with the Boards concerns. He reviewed supplement #4 and then read bylaw 210-127. He then summarized the last public hearing. He stated the Board has many different avenues to grant the relief that is requested. He stated the subdivision of the land was for the benefit of the Town for the school. Ms. Rose asked if the 1957 variance was the one that is represented as not recorded. Atty. Davies stated Board of Appeals June 26, 2013 Page 2 of 4 yes but it has now been recorded. Ms. Rose asked if the last time there was a residence on the property when there was a trailer in 1991. Atty. Davies stated yes. The Board reviewed and discussed the deed. Mr. Peirce asked if they would argue that the Town can create more protection to a non -conforming lot but not take any away. Atty. Davies stated the Town may be more generous with creating protection. He stated that the 1954 zoning bylaw was clear that if you were non -conforming you could keep it. He stated 3 years later the Town changed their minds and said the lots were no longer buildable. He stated he doesn't think it's fair or equitable. He stated he has proven that this lot was grandfathered in 1954. The Board discussed bylaw 210-127 and 210-117. Mr. Warren asked if there were any public comments and there were none. Atty. Davies stated that this is obviously very complex. He suggested one way to grant the relief is to simply recognize the 1957 variance and grandfathering the lot. Mr. Peirce asked if there would be any value in having a draft decision. Mr. Peirce moved to continue the public hearing until July 10, 2013 at 7:15pm. The motion was seconded by Ms. Rose and passed unanimously. Documents Used: Uniform Applications for Special Permit/Petition for Variance with supporting documents Supplemental Submission #3 June 25, 2013 Letterfrom om Anne DiBono Supplemental Submission #4 8:50 PM Continuation of Public Hearing 110 Hayden Rowe St. - Michael T. Cournoyer and Emily A. Cournoyer, Gassett Building, Inc., Summit Realty Trust Wayne Davies — Attorney for Gassett Building, Inc. and Summit Realty Trust Brian Gassett — Applicant Anne DiBona — Property Owner & Abutter Paul DiBona - Abutter Michael Cournoyer — Prospective Buyer Members Sitting: Mr. Warren, Mr. Peirce, Ms. Rose, Ms. Clark, Mr. Savignano Members in Attendance: Ms. Knight Mr. Warren reviewed the bylaw. Mr. Gassett stated the accessory family dwelling will be 797 square feet and attached to the primary dwelling. Mr. Peirce asked if parking can accommodate the accessory dwelling. Mr. Gassett stated yes. Mr. Warren asked if it had Town water and sewer and Mr. Gassett stated yes. Mr. Warren asked if there were any public comments and there were none. Mr. Peirce moved to close the public hearing. The motion was seconded by Ms. Rose and passed unanimously. Documents Used: Uniform Applications for Special Permit/Petition for Variance with supporting documents Board of Appeals June 26, 2013 Page 3 of 4 9:00 PM Administrative Session of the Board of Appeals 48 Downey Street Members Voting: Mr. Warren, Mr. Peirce, Ms. Rose, Ms. Clark, Mr. Savignano Mr. Peirce moved to find the proposed structure is not substantially more detrimental to the neighborhood and grant a variance for front setback for 27 feet of relief with the condition that it be built consistent with the plans. The motion was seconded by Ms. Rose and passed unanimously. Mr. Peirce moved to grant a special permit under 210-119 for 13 feet of relief. The motion was seconded by Ms. Rose and passed unanimously. Mr. Peirce moved to grant a special permit under 210-128C on a finding that the proposed garage on the non -conforming lot will not be substantially more detrimental to the neighborhood than the existing dwelling on the lot. Ms. Rose 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 June 26, 2013 Page 4 of 4