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Home My Public Portal About20120111 - 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 RORY WARREN, Chairman WWW.HOPKINTON.ORG G. MICHAEL PEIRCE, Vice Chairman ZBA@Hopkinton.org TINA M. ROSE, Clerk Minutes of the Board of Appeals Minutes: January 11, 2012 Called to Order: 7:05 PM Town Hall, 2nd Floor Adjourned: 8:30 PM Members Present: Rory Warren, Chairman; Michael Peirce, Vice Chairman; Tina Rose, Clerk; Thomas Garabedian; David Barnes; June Clark; Kelly Knight; John Savignano Members Absent: Michael DiMascio Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting 7:05 PM Administrative Session of the Board of Appeals Minutes The Board reviewed the minutes of October 26, 2011. Mr. Peirce moved to adopt the minutes of October 26, 2011 with changes. The motion was seconded and passed 6-0-2. The votes were: Mr. Warren: Yes; Mr. Peirce: Yes; Ms. Rose: Yes; Ms. Clark: Yes; Ms. Knight: Yes; Mr. Savignano: Yes; Mr. Garabedian: abstain; Mr. Barnes: abstain. The Board reviewed the minutes of November 9, 2011. Mr. Peirce moved to adopt the minutes of November 9, 2011. The motion was seconded and passed unanimously. The Board reviewed the minutes of November 16, 2011. Mr. Peirce moved to adopt the minutes of November 16, 2011. The motion was seconded and passed 5-0-3. The votes were: Mr. Warren: Yes; Mr. Peirce: Yes; Ms. Clark: Yes; Ms. Knight: Yes; Mr. Savignano: Yes; Ms. Rose: abstain; Mr. Garabedian: abstain; Mr. Barnes: abstain. The Board reviewed the minutes of June 8, 2011. Mr. Peirce moved to adopt the minutes of June 8, 2011. The motion was seconded and passed unanimously. Documents Used: Draft minutes of October 26, 2011 Draft minutes of November 9, 2011 Draft minutes of November 16, 2011 Draft minutes of June 8, 2011 Board of Appeals January 11, 2012 Page 2 of 4 Bills Mr. Peirce moved to pay the November 3, 2011 bill in the amount of $5,697.50 and the December 7, 2011 bill in the amount of $3,624.00 to Fay, Spofford & Thorndike, LLC for Professional Services rendered for the Hopkinton Housing Authority from the 53G account. The motion was seconded and passed unanimously. Mr. Garabedian moved to pay the December 7, 2011 bill in the amount of $198.00 to Miyares and Harrington LLP for Professional Services rendered for Hayden Place LLC from the 53E ½ account. The motion was seconded and passed unanimously. Documents Used: Request for Payment dated January 11, 2012 for Fay, Spofford & Thorndike, LLC Request for Payment dated January 11, 2012 for Miyares and Harrington LLP Annual Town Report Mr. Warren review the Board’s 2011 Annual Town Report and asked Ms. Wright to submit it to the Town Manager’s office. Documents Used: 2011Annual Town Report Draft 7:15 PM Continuation of Public Hearing 20 Chamberlain Street – Chamberlain Street Realty, LLC Mr. Warren stated the Board received a request for continuation from the applicant. Mr. Peirce moved to continue the public hearing until March 28, 2012 at 7:15pm. The motion was seconded by Mr. Garabedian and passed unanimously. Documents Used: Request for Continuation submitted by the applicant 7:20 PM Administration Session of the Board of Appeals Site Plan Review Bylaw Changes Mr. Peirce stated he particularly wants to get input from the Board relative to the language being used for appeals. He stated he would like to make it clear that the Board has the right and the people have the ability to present information that was never presented. Ms. Lazarus stated a lot of the language came from a letter that Town Counsel sent to the Board. Mr. Peirce stated he thinks the words have to be reasonably clear. Mr. Garabedian stated one of the issues is what gives the Planning Board the right to deny a site plan request. Mr. Peirce asked if this would be creating a sub appeal and then stated most of the time the court will just remand. Mr. Warren asked if this was the way 40A is worded and Mr. Peirce stated no. Mr. Warren asked if 40A limits the Board’s power of hearing appeals and Mr. Peirce stated no. The Board tabled the issue until after the public hearings. 7:30 PM Continuation of Public Hearing 1 Holt Street - MacDonald Bruce MacDonald – Applicant Brigid MacDonald – Applicant Wayne Davies – Attorney Board of Appeals January 11, 2012 Page 3 of 4 Members Sitting: Mr. Garabedian, Ms. Rose, Mr. Barnes, Ms. Knight, Mr. Savignano Members in Attendance: Mr. Warren, Mr. Peirce, Ms. Clark Atty. Davies submitted a letter to the Board from the Martels of 51 Hayden Rowe Street in support of the project. He then asked the Board to amend the application to include front setback on Holt Street and rear setback. Ms. Rose moved to amend the application to include a request for front setback relief on Holt Street. The motion was seconded by Mr. Barnes and passed unanimously. Ms. Rose moved to amend the application to include a request for a special permit for 12 feet of rear setback relief. The motion was seconded by Mr. Barnes and passed unanimously. Atty. Davies reviewed his PowerPoint presentation handout. He stated the characteristics of the neighborhood are 3 to 4 lots next to the property lack frontage on Hayden Rowe Street. He stated all 3 houses facing Hayden Rowe Street are approximately the same distance to the road. He stated they meet the frontage requirement on Holt Street but not the setback. He then stated they are trying to build a home in accordance with the character of the neighborhood. Mr. Barnes stated he had other obligations and has to leave the meeting. Ms. Rose moved to continue the public hearing until January 25, 2012 at 7pm. The motion was seconded by Mr. Warren and passed unanimously. Mr. Barnes left the meeting. 7:45 PM Continuation of Public Hearing 112 Hayden Place – Hayden Place LLC Mr. Warren stated the Board received a request for continuation from the applicant. Mr. Peirce moved to continue the public hearing until March 14, 2012 at 7:30pm. The motion was seconded by Mr. Garabedian and passed unanimously. Documents Used: Request for Continuation submitted by the applicant 7:50 PM Continuation of Public Hearing 0 Laurel Ave. – Perna Mr. Warren stated the Board received a request for continuation from the applicant. Ms. Rose moved to continue the public hearing until February 8, 2012 at 7:15pm. The motion was seconded by Ms. Clark and passed unanimously. Ms. Rose stated she would like to have Town Counsel clarify what is being called a paper street. She questioned whether or not the applicant even has standing to be before the Board. Mr. Peirce stated his perspective is that there has always been a road there but the question is how much improvement will be legally required. Ms. Rose moved to request the use of legal counsel from the Town Manager. The motion was seconded by Mr. Peirce and passed unanimously. Board of Appeals January 11, 2012 Page 4 of 4 Documents Used: Request for Continuation submitted by the applicant 8:00 PM Administrative Session of the Board of Appeals Site Plan Review Bylaw Changes Mr. Warren stated he thinks the Board should have the ability to hear the appeals or not but he stated he doesn’t think the Board should have limits. The Board discussed the appeal process. Mr. Garabedian stated if you don’t do it de Novo then you almost make it a three step process. Mr. Peirce stated the whole purpose of this is for people to avoid going to court. Ms. Rose asked what Mr. Peirce need from the Board for ZAC. Mr. Peirce stated they are just trying to get a sense of the Board’s feelings generically. Mr. Garabedian stated he would be in favor of the De Novo. He then asked if ZAC wanted opinions on any of the other changes. The Board discussed some wording issues. Mr. Peirce moved to adjourn the meeting. The motion was seconded and passed unanimously. Meeting Adjourned: 8:30 PM Adina Wright, Administrative Assistant