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HomeMy Public PortalAbout20110928 - 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 ZBAChair@Hopkinton.org TINA M. ROSE, Clerk ZBAClerk@Hopkinton.org Minutes of the Board of Appeals Minutes: September 28, 2011 Called to Order: 7:00 PM Town Hall, 2nd Floor Adjourned: 8:00 PM Members Present: Rory Warren, Chairman; Michael Peirce, Vice Chairman; June Clark; Kelly Knight; John Savignano Members Absent: Tina Rose, Clerk; Thomas Garabedian; Michael DiMascio; David Barnes Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting 7:00 PM Administrative Session of the Board of Appeals Minutes The Board reviewed the minutes of July 13, 2011. Mr. Peirce moved to adopt the minutes of July 13, 2011. The motion was seconded and passed 4-0-1. The votes were: Mr. Warren: Yes; Mr. Peirce: Yes; Ms. Clark: Yes; Mr. Savignano: Yes; Ms. Knight: abstain. Documents Used: Draft minutes of July 13, 2011 Bills Mr. Peirce moved to pay the September 1, 2011 bill in the amount of $25.00 to Action Copy Plus for new Board member name plates from the 53E ½ account. The motion was seconded and passed unanimously. Documents Used: Request for Payment dated September 28, 2011 for Action Copy Plus Mail Mr. Warren asked to have the letter from Groundwater & Environmental Services, Inc. and the letter from MassHousing scanned and emailed to him for review. He asked the Board if they had read the letter from Miyares and Harrington. Mr. Peirce said he had and then stated it was very interesting. Mr. Warren let the Board know there would be a Zoning Advisory Committee Public Forum on October 18, 2011. Documents Used: September 8, 2011 letter from Groundwater & Environmental Services, Inc. regarding 92 West Main Street September 6, 2011 letter from MassHousing regarding the Project Eligibility Application for Hayden Place Board of Appeals September 28, 2011 Page 2 of 3 September 15, 2011 letter from Miyares and Harrington regarding a Mass. Appeals Court decision Zoning Advisory Committee Public Forum notice 7:15 PM Application for Special Permit 20 Chamberlain Street – Chamberlain Street Realty, LLC Douglas Errico, Attorney – Marcus, Errico, Emmer & Brooks PC Sotir Papalilo, President – Chamberlain Street Realty, LLC Members Sitting: Mr. Warren, Mr. Peirce, Ms. Clark, Ms. Knight, Mr. Savignano Atty. Errico stated they are seeking a special permit under 210-128C for a non-conforming lot. He stated there is existing frontage of 80 feet on Chamberlain Street. He stated the house would conform except for the frontage and the lot size. He then referenced the May 23, 2011 letter from Mr. Kadlik stating the provision does provide for submission of a special permit application to the Board of Appeals. He stated the bylaw allows for the issuance of a special permit if there is a finding that the proposed change is not substantially more detrimental to the neighborhood. He stated they believe it would not be more detrimental to the neighborhood. He then stated they can put the house where it would not be affected by the easement. Mr. Peirce stated the deed references the lot was created pursuant to a 1976 plan and the letter from Mr. Kadlik stated it did not conform to frontage at that time. Atty. Errico stated it was probably thought at the time to be combined with another lot. Ms. Lazarus stated it was intended to be conveyed to an abutter. Mr. Peirce asked if the parcel was ever part of the Sanctuary Lane 40B project. Atty. Errico stated no other than to put a road through it. Mr. Peirce stated he would like to see the Comprehensive Permit for Sanctuary Lane and see if there is any reference to this lot. He stated he would also like to see what the proposed house would look like and a landscaping plan. Ms. Knight asked how much land is available where the house would go without the access road included. Ms. Clark asked how the road is maintained. Atty. Errico stated by a condo association. Ms. Clark asked if there are any wetlands. Atty. Errico stated he did not believe so. Mr. Savignano stated he is also curious about the setback from the access road. Mr. Papalilo stated it is approximately 25-30 feet away from the house but he will get a plan. Mr. Warren asked if there are plans in the future to ask the Town to accept the road as a public way. Mr. Papalilo stated it was prohibited in the Comprehensive Permit. Mr. Peirce asked how Chamberlain Street Realty and Sanctuary Lane are related. Mr. Papalilo stated they are different companies but the principals are the same. Mr. Warren stated he would also like Mr. Kadlik at the meeting before the Board goes any further. Mr. Warren asked if there were any public comments. Michael Cook, 34 Sanctuary Lane stated he has live in the Sanctuary Lane Estates for four years and he was given the impression that that total finish time of the Sanctuary Lane project would be about 18 months but they are still nowhere close to finishing. He stated he would like to see the Board ask the developer if they will take another 3 years to finish the project. Mr. Warren stated this proposal is for the lot next to Sanctuary Lane and stated he does not believe the Board has the power to regulate Sanctuary Lane with this proposal. Stephen Frohbieter, 39 Sanctuary Lane stated he was one of the original buyers of Sanctuary Lane and he is in opposition of this proposal. He stated he is pleased with his home but not pleased with the maintenance, care or upkeep of the entire estates. He stated he would like to ask the Board to withhold the approval and ask the builder to show some substantial progress with the existing development. Board of Appeals September 28, 2011 Page 3 of 3 Vincent Cerulle, 24 Chamberlain Street asked why this property has a Chamberlain Street address and not a Sanctuary Lane address. He then asked if this is part of the 40B project will it affect the affordable percentage. Mr. Warren stated the Board will be taking a good look at the Comprehensive Permit. Roger Proulx, 29 Sanctuary Lane stated he would like to express his displeasure. David Maffris, 35 Sanctuary Lane stated that Sanctuary Lane is age restricted and then asked if there would be any restrictions on the new home. Carol Kendrick, 30 Sanctuary Lane stated she would like to request that any change be carefully studied by the Board. She stated everyone is concerned with what was originally set out to be accomplished. Atty. Errico stated he would like to request a continuation. Mr. Peirce moved to continue the public hearing until October 12, 2011 at 7:30pm. The motion was seconded by Ms. Clark and passed unanimously. Documents Used: Notice of Public Hearing Uniform Application for Special Permit/Petition for Variance with supporting documents Letter dated September 21, 2011 from the Board of Health Supplemental packet submitted by the Applicant. Mr. Peirce moved to adjourn the meeting. The motion was seconded and passed unanimously. Meeting Adjourned: 8:00 PM Adina Wright, Administrative Assistant