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