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HomeMy Public PortalAbout20100324 - Board of Appeals - Meeting MinutesTHOMAS.. GARABEDIAN, Chairman RORY WARREN, Vice Chairman TINA M. ROSE, Clerk TOWN OF HOPKINTON OFFICE OF BOARD OF APPEALS TOWN HALL 18 MAIN STREET — THIRD FLOOR HOPKINTON, MASSACHUSETTS 01748-3209 (508)497-0012 Minutes of the Board of Appeals RECEIVED TOWN OF HOPKINTON 2010 JUN 2U A 8: 54 TOWN CLERK'S OFFIc :. W W W. HOPKINTON.ORG ZBAChair@Hopkinton.org ZBACIerk@Hopkinton.org Minutes: March 24, 2010 Called to Order: 7:15 PM Town Hall, 2nd Floor Adjourned: 9:15 PM Members Present: Thomas Garabedian, Chairman; Rory Warren, Vice Chairman; Tina Rose, Clerk Robert Foster; Michael DiMascio; Michael Peirce; David Barnes; June Clark Members Absent: Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting Charles Kadlik, Zoning Enforcement Officer 7:15 PM Administrative Session of the Board of Appeals Minutes The Board reviewed the Executive Session minutes of May 27, 2009. Mr. Warren moved to adopt the Executive Session minutes of May 27, 2009. The motion was seconded and passed 5-0-2. The votes were: Mr. Garabedian: Yes; Ms. Rose: Yes; Mr. Foster: Yes; Mr. DiMascio: Yes; Mr. Barnes: Yes; Mr. Warren: abstain; Mr. Peirce: abstain. The Board reviewed the Executive Session minutes of April 8, 2009. Mr. Warren moved to adopt the Executive Session minutes of April 8, 2009. The motion was seconded and passed 6-0-I. The votes were: Mr. Garabedian: Yes; Mr. Warren: Yes; Ms. Rose: Yes; Mr. Foster: Yes; Mr. DiMascio: Yes; Mr. Barnes: Yes; Mr. Peirce: abstain. The Board reviewed the Executive Session minutes of December 9, 2009. Mr. Warren moved to adopt the Executive Session minutes of December 9, 2009. The motion was seconded and passed 6-0-2. The votes were: Mr. Garabedian: Yes; Ms. Foster: Yes: Mr. DiMascio: Yes; Mr. Peirce: Yes; Mr. Barnes: Yes; Ms. Clark: Yes; Mr. Warren: abstain: Ms. Rose: abstain. The Board reviewed the minutes of February 24, 2010. Mr. Warren moved to adopt the minutes of February 24, 2010 with changes. The motion was seconded and passed 6-0-2. The votes were: Mr. Garabedian: Yes; Mr. Warren: Yes; Ms. Rose: Yes; Mr. Foster: Yes; Mr. Peirce: Yes; Mr. Barnes: Yes; Mr. DiMascio: abstain; Ms. Clark: abstain. 7:30 PM Continuation of Public Hearing 38 Downey Street — Lu & Xing Polly Xing, Applicant Peter R. Barbieri, Attorney — Fletcher, Tilton & Whipple Members Sitting: Mr. Garabedian, Mr. Warren, Mr. DiMascio, Mr. Peirce, Mr. Barnes Members in Attendance: Mr. Foster, Ms. Rose, Ms. Clark Mr. Garabedian stated the Board has received a request to continue the public hearing from the abutter's attorney but he would like to conduct the hearing and see if a continuation is needed. Atty. Crawley stated they received a very extensive letter on Monday that appears to be changing the application and they need more time to compare and review the information. Mr. Garabedian stated he would like to allow the petitioner to present the new material and at that point the Board will consider a continuation. Atty. Barbieri stated they have made very simple changes to the plan and all the attachments to the letter are documents to support the requested relief He stated the new plan moves the garage to the other side of the lot and the other change to the plan is with the elevation of the roof. He stated the architect revised and lowered the pitch to the roof and the height of the new roof will be 9' 6" above the height of the existing roof. Atty. Barbieri then stated there have been a significant number of upgrades done on Downey Street and a vast number of them are pre-existing non -conforming. He stated the petitioner has received an order of condition from the Conservation Commission for the property. He stated the hardship is the shape of the lot makes the property unique and there will be no detrimental impact to the neighborhood. Mr. Barnes stated he saw 3 electrical meters when he visited the site and then asked if the intension was for this to be a single family home. Ms. Xing stated yes. Mr. Garabedian asked if there were any public comments. Marco Bader, 36 Downey Street asked the Board to consider that this applicant just bought the property and they are asking for a substantial enlargement. He stated he finds the hardship rather questionable and then stated they will be majorly effected by this proposal. Mr. Bader submitted photos of the sun coming up and stated they are concerned about the wintertime and not getting any sunlight. He stated his other concern is this lot is very small. Mr. Barnes asked how Mr. Bader projected the new lines on the pictures. Mr. Bader stated he added 10' to shadow the existing line. Mr. Foster asked if they could estimate how many weeks the shadow would have a poor effect on the house. Mr. Bader stated when no leaves are on the trees they get the morning light which is typically October through May. Atty. Crawley stated 210- 128B allows for up to a 25% increase and they are asking for a 125% increase. He stated the petitioner has not been able to show hardship for this property. Meg Tyler, 36 Downey Street stated her concern is they are going to be losing their morning light on the south side of the building. Atty. Barbieri stated this is the only possible location to put a garage. Mr. Peirce asked what of the existing home would be remaining. Atty. Barbieri stated they are redeveloping the first floor and adding a second floor and. He stated the house is not being torn down. He then stated the addition to the footprint would be 10' in the back and the garage. Mr. Barnes asked what the square footage would be for the new house. Atty. Barbieri stated 2,149 square feet not including the garage and 3,219 including the basement. Mr. Garabedian asked both attorneys's if there was any particular desire or need to continue the public hearing. Atty. Crawley stated the changes were minuscule and do not affect their argument. Board of Appeals March 24, 2010 Page 2 of 4 Mr. Warren moved to close the public hearing. The motion was seconded by Mr. Peirce and passed unanimously. 8:30 PM Petition for Variance and Special Permits 63 Oakhurst Road — Piacentini Andy Piacentini, Petitioner Cynthia Courtney, Petitioner Miguel Linera, Architect Members Sitting: Mr. Garabedian, Mr. Warren, Ms. Rose, Mr. Foster, Mr. DiMascio Members in Attendance: Mr. Peirce, Mr. Barnes, Ms. Clark Mr. Linera stated there is a an existing I '/z story cabin like structure that consists of one bedroom that was built in 1939 that they are proposing to tear down and replace with a 3 bedroom single family home. He stated they are trying to maintain and keep a small structure. He stated the current house is as close as 16' to the property line but the proposal for the new structure is 12' to the property line. He stated the narrowness of the lot requires them to make the structure longer. He then stated they are asking for 13' of relief on one side and 14' of relief on the other. Mr. Kadlik stated he had no issues. Mr. Foster asked the petitioner to clarify the side yard dimensions. Mr. Piacentini stated the north side will be 12' from the side and the south side will be 11' from the side. Mr. Linera stated they are seeking relief under 210- 128B to exceed a 25% increase. He stated the hardship is due to the narrowness of the lot. Mr. Peirce asked if they have spoken with their neighbors. Mr. Piacentini stated they have and there have been no issues. Mr. Peirce asked what the area of the buildup is. Mr. Linera stated around 3,200 square feet including all 3 floors but he wasn't sure of the exact numbers. Mr. Garabedian stated the Board needs to understand the square footage of the existing and the proposed. Mr. Warren stated the Board needs concrete numbers. Mr. Foster suggested holding the hearing open and having the petitioner submit the information. Mr. Garabedian asked if there were any public comments and there were none. Mr. Garabedian suggested the petitioner ask for a continuation for two weeks to pin down the numbers associated with the square footage of the existing home and the proposed. Mr. Piacentini stated they would like to continue the public hearing. Mr. Warren moved to continue the public hearing until April 14, 2010 at 7:15pm. The motion was seconded by Mr. Foster and passed unanimously. 8:55 PM Application for Special Permit 44 Wood Street — Scannell Michael Scannell, Applicant Members Sitting: Mr. Garabedian, Mr. Warren, Ms. Rose, Mr. Foster, Mr. DiMascio Members in Attendance: Mr. Peirce, Mr. Barnes, Ms. Clark Mr. Scannell stated he is requesting relief to have a landscaping business at his property. He stated he has been in the maintenance business his whole life but is struggling because of the economy. He stated he was awarded a bid to take care of some ground maintenance in Marlboro and decided to start a landscaping business. He stated his wife runs the business with him and he has one full time employee. Board of Appeals March 24, 2010 Page 3 of 4 He stated he would have 1 vehicle parked on the property at the most and it would be very helpful if he could obtain this permit so he can stay in Hopkinton. He then stated his existing garage is adequate to house his equipment and he will not house fuels or fertilizers. He stated it would not be detrimental to anyone in the neighborhood. Mr. Foster asked what the proportion of size of what is proposed. He stated the accessory use building cannot exceed the primary use building in size. Mr. Scannell stated he is not adding any new buildings. Mr. Peirce asked if the applicant anticipates he will need to park vehicles outside the garage for this business. Mr. Scannell stated no automotive vehicles but maybe a trailer at times. Mr. Peirce asked if it would be in the vicinity of the garage and Mr. Scannell stated yes it would be directly behind the garage. Mr. Garabedian asked if there were any public comments and there were none. Mr. Warren moved to close the public hearing. The motion was seconded by Mr. Foster and passed unanimously. Mr. Warren moved to grant a special permit under 210-10 as requested allowing an accessory use for a landscaping business with the condition that no landscaping vehicles be parked in front of the house. The motion was seconded by Mr. Foster and passed unanimously. Mr. Peirce moved to adjourn the meeting. The motion was seconded and passed unanimously. Meeting Adjourned: 9:15 PM Adina Wright, Administrative Assistant Board of Appeals March 24, 2010 Page 4 of 4 Clerk's Certification These minutes were adopted by the Board of Appeals on June 23 , 2010 with the following vote: In favor: Opposed: Abstaining: Attest. A true copy: T. Garabedian, R. Warren, R. Foster, M. DiMascio, M. Peirce