HomeMy Public PortalAbout20101117 - 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 THOMAS J. GARABEDIAN, Vice Chairman ZBAChair@Hopkinton.org TINA M. ROSE, Clerk ZBAClerk@Hopkinton.org
Minutes of the
Board of Appeals
Minutes: November 17, 2010 Called to Order: 7:05 PM Town Hall, 2nd Floor Adjourned: 8:15 PM Members Present: Rory Warren, Chairman; Tina Rose, Clerk; Michael DiMascio; Michael Peirce;
David Barnes; June Clark; Kelly Knight Members Absent: Thomas Garabedian, Vice Chairman; Robert Foster
Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting
7:05 PM Administrative Session of the Board of Appeals
Bills Ms. Rose moved to pay the November 3, 2010 bill in the amount of $11.50 to Action Copy Plus for a name plaque, from the 53E ½ account. The motion was seconded and passed unanimously.
Ms. Rose moved to pay the November 8, 2010 bill in the amount of $4,990.00 to Fay, Spofford &
Thorndike, LLC for Engineering Review Services from the Mayhew Court 53G account. The motion was
seconded and passed unanimously.
Mr. Peirce moved to request an additional $7,000 from Mayhew Court to be deposited in the 53G
account. The motion was seconded by Ms. Rose and passed unanimously.
Document Used: Request for Payment dated November 17, 2010 Request for Payment dated December 8, 2010
Minutes The Board reviewed the minutes of July 14, 2010. Mr. Peirce moved to adopt the minutes of June 9,
2010 with changes. The motion was seconded and passed 3-0-4. The votes were: Mr. Warren: Yes; Mr. DiMascio: Yes; Mr. Peirce: Yes; Ms. Rose: abstain; Mr. Barnes: abstain; Ms. Clark: abstain; Ms. Knight: abstain.
Board of Appeals November 17, 2010 Page 2 of 3
Documents Used: Draft minutes of July 14, 2010 7:15 PM Continuation of Public Hearing
49 Downey Street - Parcher
Douglas Parcher, Petitioner Members Sitting: Mr. Warren, Ms. Rose, Mr. Peirce, Mr. Barnes, Ms. Clark
Members in Attendance: Mr. DiMascio, Ms. Knight
Mr. Parcher stated he spoke with Mr. Kadlik and he had no problems with a drywell being put in.
Mr. Warren asked if there were any public comments.
Mr. Peirce moved to close the public hearing. The motion was seconded by Ms. Rose and passed unanimously.
Mr. Peirce moved to find hardship based upon the size of the lot, the house being located in an odd position on the lot, the topography, and the odd lot condition making it impossible to build any reasonable
addition and that it does not derogate from the intent of the bylaw. The motion was seconded by Ms.
Rose and passed unanimously.
Mr. Peirce moved to grant a variance under 210-128B for an over 25% increase in area of up to a 75% increase in area. The motion was seconded by Ms. Rose and passed unanimously.
Mr. Peirce moved to grant a variance under 210-128C for 10’ of relief from the front yard setback for the proposed addition and the condition that the plans be attached to the decision. The motion was seconded
by Ms. Rose and passed unanimously.
Mr. Peirce moved to grant a variance under 210-128C for 13.6 feet of relief from the front yard setback
for the existing house. The motion was seconded by Ms. Rose and passed unanimously.
Mr. Peirce moved to grant a special permit under 210-128 for a change to a pre-existing non-conforming
structure that would not be substantially more detrimental to the neighborhood. The motion was
seconded by Ms. Rose and passed unanimously.
Documents Used: Uniform Application for Special Permit/Petition for Variance with supporting documents 7:40 PM Continuation of Public Hearing 20 Oak Street – DellaCioppa
Jillian DellaCiappo, Applicant
Doug Resnick, Attorney for Applicant
Peter Orondo, Abutter Thomas Nealon, Attorney for the Abutter
Members Sitting: Mr. Warren, Ms. Rose, Mr. Barnes, Ms. Clark, Ms. Knight Members in Attendance: Mr. DiMascio, Mr. Peirce
Board of Appeals November 17, 2010 Page 3 of 3
Mr. Orondo submitted a letter requesting the Board disqualify Atty. Resnick on account of a conflict of
interest. Mr. Warren stated that is really not a matter the Board should be deciding on. The Board agreed they do not have jurisdiction to rule on this.
Atty. Nealon stated his client lives at 18 Oak Street and is a direct abutter to the applicant. He stated his primary objection is the closeness of the structure if it is allowed to be built. He stated in October of 2000
the Planning Board issued a decision to grant the developer a special permit under the Open Space bylaw and the bylaw stated there be adequate space between each home. He stated his client’s driveway and property would be dominated by a rather large structure and it would affect his privacy and property
value. He then stated to grant this relief would derogate from the intent of the bylaw and requested the Board deny the request. Atty. Resnick stated they are proceeding under 210-119 which provides for the side yard setback to be varied. He stated that nowhere does the bylaw state you can’t do this in open
space. He stated they believe the structure is extremely well designed and there is no other location to build this. He stated they are not asking for anything the Board has not done in the past.
Mr. Warren asked if there were any public comments and there were none.
Ms. Rose moved to close the public hearing. The motion was seconded by Mr. Barnes and passed
unanimously.
Mr. Peirce stated he takes exception that just because the Board has granted this relief before on other
sites it has very little to do with this application. Ms. Rose stated the zoning bylaws are to protect home owners and doesn’t think she could vote favorably. Mr. Barnes stated he doesn’t think this is in keeping
with the neighborhood. He stated it is too large of a structure right next to the property line. Mr. Warren stated he thinks they could build this by right if they shrink this by 8 feet. Mr. DiMascio stated they already allowed for these setbacks to be lessened. He stated people buying these homes are made aware
of these restrictions. Ms. Rose moved to grant a special permit under 210-119 for side setback relief. The motion was
seconded by Ms. Clark and failed 1-4 with Ms. Rose, Mr. Barnes, Ms. Clark, and Ms. Knight voting no. Documents Used:
Uniform Application for Special Permit/Petition for Variance with supporting documents “Motion to Disqualify Counsel on Account of Conflict of Interest” letter submitted by Peter Orondo
Mr. Peirce moved to adjourn the meeting. The motion was seconded and passed unanimously.
Meeting Adjourned: 8:15 PM
Adina Wright, Administrative Assistant