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Home My Public Portal About20130911 - 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 W W W.HOPKINTON.ORG ZBAQHopkintonma.gov Minutes: September 11, 2013 Called to Order: 7:00 PM Adjourned: 8:15 PM Town Hall, 20° Floor Members Present: Rory Warren, Chairman; Michael Peirce, Vice Chairman; Tina Rose, Clerk; June Clark; John Savignano (7:12pm) Members Absent: Michael DiMascio; Kelly Knight 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 Bills Ms. Rose moved to pay the September 11, 2013 bill in the amount of $117.00 to MCLE from the 53E '/2 account. The motion was seconded and passed unanimously. Documents Used: Request for Payment dated September 11, 2013 for MCLE Minutes The Board reviewed the minutes of August 28, 2013. Mr. Peirce moved to adopt the minutes of August 28, 2013. The motion was seconded and passed unanimously. Documents Used: Draft minutes of August 28, 2013 Mr. Savignano arrived at 7:12pm. 7:15 PM Application for Special Permit 26 Lumber Street — T -Mobile Northeast LLC Dan Klasnick — Duval & Klasnick LLC Members Sitting: Mr. Warren, Mr. Peirce, Ms. Rose, Ms. Clark, Mr. Savignano Atty. Klasnick stated they are seeking relief to modify and existing Wireless Communication Facility special permit from 1998. He stated they are upgrading to 4G. He stated they will be reducing the number of antennas from 9 to 6 and they will be at the same height. He stated they will be installing new fiber cable. He stated there will be no ground changes. The Board reviewed the plans. Mr. Warren asked if there will be a visual difference and Atty. Klasnick stated no. Mr. Peirce asked if there will be any significant change in weight and Atty. Klasnick stated no. 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. Clark and passed unanimously. Mr. Peirce moved to grant the requested relief to modify the existing special permit under 210-100 with the existing conditions. The motion was seconded by Ms. Rose and passed unanimously. Documents Used: Uniform Applications for Special Permit/Petition for Variance with supporting documents 7:20 PM Application for Special Permit 7 Norcross Road — Dragsbaek Ann Dragsbaek — Applicant Ted Gassett Members Sitting: Mr. Warren, Mr. Peirce, Ms. Rose, Ms. Clark, Mr. Savignano Mr. Gassett stated they would like to construct a 10' x 20' pool house located in a fenced in area. The Board reviewed the plans. Mr. Warren asked if there was anywhere else on the property this could be located. Mr. Gassett stated the grades won't allow it and the septic takes up a lot of the back yard. He also stated there is a no cut easement. Ms. Clark asked what the building will consist of. Mr. Gassett stated there will be no plumbing and it will not be a 4 -season room. Ms. Rose stated the deed says there is an easement and restrictions on record. Mr. Gassett stated the path is owned by the association and there is a no cut easement. Ms. Rose asked if this building will be in the way of the path and Mr. Gassett stated no. Mr. Warren asked if the fence already exists 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. Mr. Peirce moved to grant a special permit under 210-119 for 16 feet of rear setback relief and 5 feet of side setback relief for a seasonal structure to be built consistent to the plans on a finding of an oddly shaped lot and a significant hardship due to location of the septic and a no cut easement. The motion was seconded by Ms. Rose and passed unanimously. Documents Used: Uniform Applications for Special Permit/Petition for Variance with supporting documents Abutters comments from 113 Spring Street 7:35 PM Application for Special Permit Board of Appeals September 11, 2013 Page 2 of 3 56 Lakeshore Drive — Gregory Christopher Gregory — Applicant Deborah Gregory — Applicant John Nealon — Attorney Joe Marquedant — Architect Members Sitting: Mr. Warren, Mr. Peirce, Ms. Rose, Ms. Clark, Mr. Savignano Atty. Nealon stated the owner is not here due to previous travel arrangements but there is written authorization authorizing him to represent them. He stated they are seeking relief for 2 special permits under 210-128 and 210-119. He stated the property is the 3rd to last lot on Lakeshore and it was first built as a summer cottage building. He stated the current 26' x 25' single family residential dwelling is in serious disrepair. He stated they are seeking to tear down the existing and replace it with a 26' x 35' dwelling. He stated the lot was created in 1945 which make it pre-existing non -conforming. He stated it is not substantially more detrimental to the neighborhood. He stated the lot was not held in common ownership since the creation of the bylaw in 1954. He stated it was held in common ownership in 1945. He stated the new structure will enhance the neighborhood. He stated the side and rear setbacks will be less nonconforming. Mr. Warren read an abutters letter from Julie and Andrew Crawley of 62 Lakeshore Drive. Ms. Clark asked if the existing structure was one story and Atty. Nealon stated yes. Ms. Clark asked if the proposed is 2 stories and Atty. Nealon stated yes. Mr. Peirce asked if they have been before the Conservation Commission and Atty. Nealon stated no but they will. Mr. Peirce asked if they have had any communications with the abutters on either side. Mr. Gregory stated they spoke with both and they are all for it. 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. Mr. Peirce moved to find the proposed will not be substantially more detrimental to the neighborhood than the existing and grant a special permit under 210-128 to be built consistent with the plans and the condition that the appropriate relief is sought from the Conservation Commission. The motion was seconded by Ms. Rose and passed unanimously. Mr. Peirce moved to grant a special permit under 210-119 for 20 feet of relief on the northerly side, 21 feet of relief on the southerly side and 2 feet of relief in the rear on a finding of a shallow and unusually shaped lot. The motion was seconded by Ms. Rose and passed unanimously. Documents Used: Uniform Applications for Special Permit/Petition for Variance with supporting documents Abutters letter from Julie and Andrew Crawley of 62 Lakeshore Drive Ms. Rose moved to adjourn the meeting. The motion was seconded and passed unanimously. Meeting Adjourned: 8:15 PM Adina Wright, Administrative Assistant Board of Appeals September 11, 2013 Page 3 of 3 Clerk's Certification These minutes were adopted by the Board of Appeals on November 6 , 2013 with the following vote: In favor: R. Warren, M. Peirce, T. Rose, J. Clark, J. Savignano Opposed: Abstaining: M. DiMascio Attest. A true copy: Tina M. Rose, Clerk