HomeMy Public PortalAbout20111207 - 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: December 7, 2011 Called to Order: 7:05 PM Town Hall, 2nd Floor Adjourned: 9:00 PM
Members Present: Tina Rose, Clerk; Thomas Garabedian; Michael DiMascio; David Barnes; Kelly
Knight; John Savignano
Members Absent: Rory Warren, Chairman; Michael Peirce, Vice Chairman; June Clark
Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting; Charles Kadlik, Zoning Enforcement Officer
7:05 PM Administrative Session of the Board of Appeals Bills
Mr. Barnes moved to pay the October 11, 2011 bill in the amount of $3,748.43 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. Ms. Rose moved to request an additional $7,500.00 from Hopkinton Housing Authority to be deposited in
the 53G account. The motion was seconded by Mr. DiMascio and passed unanimously.
Documents Used: Request for Payment dated October 11, 2011 for Fay, Spofford & Thorndike, LLC
7:15 PM Petition for Variance 1 Holt Street – MacDonald
Bruce MacDonald - Petitioner Brigid MacDonald – Petitioner
Joe Marquedant – Engineer
Members Sitting: Mr. Garabedian, Ms. Rose, Mr. DiMascio, Mr. Barnes, Ms. Knight
Members in Attendance: Mr. Savignano Mr. MacDonald stated they are seeking 11 feet of relief from the front setback to build a single family
home. He stated the façade of the house will face Hayden Rowe. He stated it will setback on Hayden
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December 7, 2011 Page 2 of 4
Rowe Street about the same as 51 Hayden Rowe Street. He stated they will be staying within the style,
layout and setbacks of the neighborhood. Mr. DiMascio asked what the average setback on Holt Street
was and Mr. MacDonald stated it varies. Mr. DiMascio asked if there was a particular reason the petitioners pushed the house more toward Holt Street. Mr. MacDonald stated it was basically because of
a lack of space. Mr. Marquedant stated the idea is to create space and use the natural buffer and balance
to make the house look like it fits on the lot. Mr. Garabedian stated that if the house was pushed back 11 more feet from Holt Street then the petitioner would only be dealing with a 1 foot side setback request.
Mr. MacDonald stated he believes the hardship is the shape of the lot. Ms. Rose stated that basically there are no wetlands keeping the petitioner from pushing the house back.
Mr. Garabedian asked if there were any public comments. Chris Rogers, 3 Holt Street stated it was a very nice plan and they reached out to all the neighbors. He
stated it would be a nice addition to the neighborhood. He then stated if it was pushed back it would be very close to his house. Mr. Barnes asked how close his house is to the side. Mr. Rogers stated it is about 12 feet from the side.
Dick Grilli, 4 Pike Street stated he is in favor of the proposal aside from the façade being on Hayden
Rowe Street.
Fred Mayer, 56 Hayden Rowe Street stated the size of the proposed house on this lot is not within
keeping of the neighborhood.
The Board put this meeting on hold to hear the next hearing.
7:50 PM Application for Special Permit 37 Fruit Street – Hopkins Chris Hopkins – Applicant Krispen Hopkins – Owner
Members Sitting: Mr. Garabedian, Ms. Rose, Mr. DiMascio, Mr. Barnes, Ms. Knight Members in Attendance: Mr. Savignano
Mr. Hopkins stated they are requesting a special permit to operate a landscaping business. Mr.
Garabedian asked the applicant to clarify who owns the property and the business. Ms. Hopkins stated
her brother-in-law Chris lives at the property which her husband and she own. She then stated her brother-in-law and husband own the landscaping business. She stated they have combined both
properties but have not filed the paperwork. Mr. Kadlik stated he was called by the Water Department
because they thought the applicant was encroaching on the aquifer in the back. He stated he sent them a cease and desist and they moved their equipment to the front property and filed for a special permit. Mr.
Garabedian asked if there would have been an issue if they were just on the front property. Mr. Kadlik stated they would still need a special permit. Mr. Garabedian asked if the cease and desist related to the whole operation and Mr. Kadlik stated yes. Mr. Garabedian stated is would help to get an understanding
of the conduct of the business and the number of vehicles. Mr. Hopkins stated there are 13 vehicles which are all registered. Mr. Garabedian asked if they are all used in the landscaping business. Mr. Hopkins stated yes and that some are taken home at night by employees. Mr. Garabedian asked if there
was any repair work done on site and Mr. Hopkins stated no. Mr. Garabedian asked if there was snowplowing associated with this in the winter months and Mr. Hopkins stated yes. Mr. DiMascio stated both abutters’ letters in the file reference noise and grinding going on. Mr. Hopkins stated most of the
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December 7, 2011 Page 3 of 4
grinding is done on job sites and the trucks have back-up beepers. Mr. Barnes asked if there was any
burning being done. Mr. Hopkins stated they used to burn but they don’t anymore. Mr. Garabedian
asked what the permitted hours of operation are. Mr. Kadlik stated Monday through Friday 7am-5pm, Saturday 8am-4pm, and no Sundays. Mr. Garabedian asked about snowplowing hours and Mr. Kadlik
stated that was exempt. Mr. Garabedian asked where they are parking. Mr. Hopkins stated that right now
it is on Parcel A. Ms. Rose asked what buildings are on the property. Mr. Hopkins stated there is a house, a barn and a shed. Mr. Garabedian asked what the intent will be when the parcels are combined.
Mr. Hopkins stated to run business on the property and be good neighbors. Ms. Rose asked what other equipment they have. Mr. Hopkins stated 4 trailers, 3 bobcats and a backhoe. Ms. Rose asked what other debris there is besides mulch and firewood. Mr. Hopkins stated there are some disabled vehicles that
were on the property when they bought it but they will be removed. Mr. Barnes asked if there was any screening on the back side. Mr. Hopkins stated there are some small shrubs but nothing significant. Mr. Garabedian asked if they have any intensions of increasing the number of vehicles or buildings. Mr.
Hopkins stated they have no intentions and they are looking at another facility to alleviate some of what they have.
Mr. Garabedian asked if there were any public comments.
Jim Canty, 5 Cunningham Street stated his reason for being here is purely informational. He stated the
farthest part of the applicant’s lot abuts his property. He stated this is a pretty significant landscaping business. He stated piles of debris have been there for years. He stated he thinks that once they get their
special permit then the business will grow.
KenVaccari, 13 Victory Lane stated he does not want to block the applicant from running his business but
thinks that things need to be spelled out if he is given a special permit. Pam Vaccari, 13 Victory Lane stated they have not been considerate neighbors. She asked how they are
supposed to believe they will be good neighbors now. Bob Green, 11 Victory Lane stated he works from home and can’t believe how much noise comes from
the property. He stated they have very long hours of operations and it is a very big operation. Mr. Garabedian reviewed abutter letters from Bob & Karen Green of 11 Victory Lane and Ken & Pam
Vaccari of 13 Victory Lane.
Mr. Barnes asked the applicant if they are open to putting screening up and Mr. Hopkins stated yes they
will comply with everything. Ms. Rose stated she would like to do a site walk. Mr. Garabedian suggested Saturday morning at 8am. Mr. Hopkins requested a continuation from the Board.
Mr. DiMascio moved to continue the public hearing until December 14, 2011 at 7pm. The motion was seconded by Mr. Barnes and passed unanimously.
Documents Used: Notice of Public Hearing Uniform Application for Special Permit/Petition for Variance with supporting documents December 1, 2011 letter from Ken and Pam Vaccari December 4, 2011 letter from Bob and Karen Green
1 Holt Street – MacDonald Mr. MacDonald requested a continuation of the public hearing.
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Mr. Barnes moved to continue the public hearing until December 14, 2011 at 7:10pm. The motion was
seconded by Ms. Rose and passed unanimously.
Documents Used: Notice of Public Hearing Uniform Application for Special Permit/Petition for Variance with supporting documents
Ms. Rose moved to adjourn the meeting. The motion was seconded and passed unanimously.
Meeting Adjourned: 9:00 PM
Adina Wright, Administrative Assistant