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Home My Public Portal About20120314 - 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: March 14, 2012 Called to Order: 7:00 PM Town Hall, 2nd Floor Adjourned: 8:00 PM Members Present: Rory Warren, Chairman; Michael Peirce, Vice Chairman; Tina Rose, Clerk; Thomas Garabedian (7:15pm); David Barnes; June Clark; John Savignano (7:10pm); Kelly Knight Members Absent: Michael DiMascio Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting; Charles Kadlik, Zoning Enforcement Officer 7:00 PM Administrative Session of the Board of Appeals Minutes The Board reviewed the minutes of December 7, 2011. Ms. Rose moved to adopt the minutes of December 7, 2011 with changes. The motion was seconded and passed 3-0-3. The votes were: Ms. Rose: Yes; Mr. Barnes: Yes; Ms. Knight: Yes; Mr. Warren: abstain; Mr. Peirce: abstain; Ms. Clark: abstain. The Board reviewed the minutes of December 14, 2011. Ms. Rose moved to adopt the minutes of December 14, 2011. The motion was seconded and passed 5-0-1. The votes were: Mr. Warren: Yes; Mr. Peirce: Yes; Ms. Rose: Yes; Mr. Barnes: Yes; Ms. Knight: Yes; Mr. Savignano: abstain. The Board reviewed the minutes of January 25, 2012. Ms. Rose moved to adopt the minutes of January 25, 2012. The motion was seconded and passed unanimously. Documents Used: Draft minutes of December 7, 2011 Draft minutes of December 14, 2011 Draft minutes of January 25, 2012 Mr. Savignano arrived at 7:10pm. Mr. Warren stated he would like to start scheduling all the hearings at the same time and hear them in the order of how they are filed. He stated that way if someone doesn’t show or the hearing is quick then the Board will not have to sit around and wait until the next scheduled time. The Board discussed and agreed to this. Board of Appeals March 14, 2012 Page 2 of 4 Mail The Board reviewed the letter from Town Counsel regarding the new federal regulations regarding collocation of telecommunications facilities. Mr. Peirce stated he supports what Town Counsel has said. Documents Used: March 5, 2012 letter from Miyares and Harrington LLP Mr. Garabedian arrived at 7:15pm. 7:15 PM Applications for Special Permit 6 Courtney Circle - Schneider Karl Schneider – Applicant Jill Schneider – Applicant Members Sitting: Mr. Warren, Mr. Peirce, Ms. Rose, Mr. Garabedian, Ms. Clark Members in Attendance: Mr. Barnes, Ms. Knight, Mr. Savignano Mr. Schneider stated they are seeking setback relief for a pool. He stated the only spot on his property that would not need setback relief is where the septic is. Mr. Kadlik stated the property has 3 fronts which each require a 60 foot setback. Mr. Schneider stated he believes there hardship is the shape of the parcel as it is irregular. Mr. Peirce moved to amend the application to include relief for front setback from the street. The motion was seconded Ms. Rose and passed unanimously. Mr. Warren asked if there were any public comments and there were none. Mr. Schneider stated he has spoken with his neighbors and they are all in favor of this proposal. Mr. Peirce moved to close the public hearing. The motion was seconded by Mr. Garabedian and passed unanimously. Mr. Peirce moved to find hardship due to an irregular shape lot and the placement of the septic system and that it would not be substantially more detrimental to the neighborhood. The motion was seconded by Mr. Garabedian and passed unanimously. Mr. Peirce moved to grant a variance for 32 feet of relief from the front setback under 210-14D. The motion was seconded by Mr. Garabedian and passed unanimously. Documents Used: Notice of Public Hearing Uniform Applications for Special Permit/Petition for Variance with supporting documents 7:45 PM Application for Comprehensive Permit 112 Hayden Rowe Street – Hayden Place, LLC Edith Netter, Counsel for applicant Richard Barbieri, Applicant – Managing member of Hayden Place, LLC Board of Appeals March 14, 2012 Page 3 of 4 Mr. Warren stated the Board has a request for continuation from the applicant. He then asked the applicant to update the Board on the status and as to why they would like a continuation. Atty. Netter stated they are pursuing a 2 lot subdivision plus the existing home. She stated they are working on a couple of issues. Mr. Barbieri stated they have met with the Planning Board on an informational basis and the Planning Board seemed to like the idea. Atty. Netter stated they would like to keep the hearing open with the Board of Appeals. Mr. Peirce asked if they had a sense of timing. Atty. Netter stated they need to file an application with the Planning Board and work on a few water/sewer issues. Mr. Peirce moved to continue the public hearing until June 13, 2012 at 7:05pm. The motion was seconded by Mr. Garabedian and passed unanimously. Documents Used: Request for Continuation 7:45 PM Application for Special Permit 1 Ash Street – Boston Athletic Association Barbara Sicuso – Applicant Members Sitting: Mr. Warren, Mr. Peirce, Ms. Rose, Mr. Garabedian, Ms. Clark Members in Attendance: Mr. Barnes, Ms. Knight, Mr. Savignano Ms. Sicuso stated the banner for the Boston Marathon started about 25 years ago and it has evolved. She stated the banner says “Welcome to Hopkinton” so it is not an advertisement. She stated there have been about 5 different versions of the banner. She stated it goes up exactly the same every year. She stated they would like to put it up on April 1st and then keep it up until about 2 weeks after the marathon. Mr. Peirce stated his concern is that it doesn’t morph into having a sponsor take over 70-80-90% of the sign. Mr. Warren asked if the building was in the historic district. Mr. Kadlik stated yes. Mr. Warren asked if the Board was stepping on anyone’s toes. Mr. Kadlik stated he doesn’t think the Historic Committee has jurisdiction over temporary signs. Mr. Garabedian stated he would like a condition that the Zoning Enforcement Officer makes sure the sign doesn’t morph into an advertising sign. Mr. Peirce suggested a condition that says X days in advance and X days after the marathon and a condition that says if the Zoning Enforcement Officer thinks the sign is significantly different it would need to go back before the Board. Mr. Warren asked if there were any public comments and there were none. Mr. Garabedian moved to close the public hearing. The motion was seconded by Mr. Peirce and passed unanimously. Mr. Peirce moved to grant a special permit for a temporary sign no larger than 18 feet by 4 ½ feet to be placed as shown on the plans with the condition it be hung no sooner than 14 days before and no later than 7 days after from the date of the marathon and in the event there is a change in signage as proposed it be shown to the Zoning Enforcement Officer and if he determines it is not consistent it will have to come to the Board. The motion was seconded by Mr. Garabedian and passed unanimously. Documents Used: Notice of Public Hearing Uniform Applications for Special Permit/Petition for Variance with supporting documents Board of Appeals March 14, 2012 Page 4 of 4 Ms. Rose moved to adjourn the meeting. The motion was seconded and passed unanimously. Meeting Adjourned: 8:00 PM Adina Wright, Administrative Assistant