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HomeMy Public PortalAbout20100609 - Board of Appeals - Meeting MinutesTOWN OF HOPKINTON RORY WARREN, Chairman THOMAS 1. GARABEDIAN, Vice Chairman TINA M. ROSE, Clerk 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 R CEIVE° 2010 OCT 28 A `i: 20 Jai:. vLl—I �It J 0 1 CE W W W.HOPKINTON.ORO ZBAChair@Hopkinton.org Hopkinton.org ZBACIerk a HopkiMon.org Minutes: June 9, 2010 Called to Order: 7:05 PM Town Hall, 2"d Floor Adjourned: 8:45 PM Members Present: Thomas Garabedian, Chairman; Rory Warren, Vice Chairman; Robert Foster; Tina Rose, Clerk; (7:15pm); Michael Peirce Members Absent: Michael DiMascio; David Barnes; June Clark Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting 7:05 PM Administrative Session of the Board of Appeals Bills Mr. Warren moved to pay the June 3, 2010 bill in the amount of $11.50 to Action Copy Plus for a name plaque, from the 53E 'A account. The motion was seconded and passed unanimously. Board Reorganization Mr. Garabedian asked the Board to consider the June 23rd meeting for a formal reorganization of the Board. Open Meeting Law Changes Ms. Lazarus informed the Board there will be changes to the open meeting law that will go in to affect on July 1, 2010 that will mostly affect agendas, minutes, and meeting postings. She stated the agendas will have to be much more comprehensive and must be posted 48 hours before the meeting and available 24 hours a day. She stated the minutes will have to reference every document used at the meeting. Mr. Peirce suggested the applicant supply a list of documents. Ms. Rose arrived at 7:15pm. Mail Mr. Garabedian read a letter from Atty. Davies to Mr. Kadlik. Ms. Lazarus stated that in the fall ZAC will discuss a better way to mesh the process with Planning Board site plan reviews and Board of Appeals decisions. Mr. Garabedian asked when ZAC will be meeting again. Ms. Lazarus stated usually in the summer. Mr. Garabedian gave a review about the Planning Board's request to have Town Counsel at the meetings with Golden Pond. Ms. Lazarus stated that Norman has approved the request. FYII Budget Ms. Lazarus stated that all individual budgets will go away and be replaced by a Land Use budget. Mr. Warren moved to authorize up to 3 hours per week as needed to be paid for from the 53E 'A account for Ms. Wright. The motion was seconded by Mr. Foster and passed unanimously. 38 Downey Street Mr. Garabedian stated the abutter is suing the Board saying we overstepped our boundaries when granted the relief for the applicant. Mr. Peirce moved to request the use of Town Counsel to protect the Board's interest in this matter and see that things are moving along and appropriately maintained. The motion was seconded by Mr. Foster and passed unanimously. 7:30 PM Application for Special Permit 58-60 West Main Street — Golden Pond Resident Care Corp. Wayne R. Davies, Attorney Kerry Kunst, Vice President of Golden Pond Members Sitting: Mr. Garabedian, Mr. Warren, Mr. Foster, Ms. Rose, Mr. Peirce Sandy Altamura, 33 Elm Street stated she was not notified in writing about this public hearing. The Board determined that she is not an abutter within 300 feet of 58-60 West Main. Atty. Davies stated they are here to request relief with respect to issues that arose from the Planning Board meetings. He stated the Board of Appeals granted special permits/variances on December 24, 2009, and then Golden Pond drew up architectural designs and filed an application with the Planning Board on March 8, 2010. He stated FS&T reviewed the plans and stated that the building height may be above the maximum height of 35 feet so they are now before the Board of Appeals to request relief for the height. He stated the elevator shaft is at 42' 8" and Golden Pond is required under the Americans with Disabilities Act to accommodate those with disabilities so Golden Pond must have an elevator of a certain size. He then stated they are requesting 9 feet of relief. Mr. Peirce asked if what is being designed is only as high as what is needed. Atty. Davies stated yes. Mr. Garabedian asked if there were any public comments. Sandy Altamura, 33 Elm Street asked why this could not be contained in the building. Atty. Davies stated there needs to be the ability for a person to stand above the highest point the elevator goes. Ms. Altamura asked if there would be any lighting and Mr. Kunst stated no. Ms. Altamura stated if it is not lit up it doesn't bother her and then stated she does not have a problem with it. Mr. Peirce asked approximately how far this shaft is from the street. Mr. Kunst stated the elevator shaft is on the right rear of the building and over 100 feet from the street. Atty. Davies stated this is going to be lower in height than the existing Golden Pond building. Mary Pratt, 102 Fruit Street stated her concern is that Hopkinton does not have a ladder truck if something happens. Board of Appeals June 9, 2010 Page 2 of 3 Atty. Davies stated he would like to address a housekeeping issue. He stated last fall the Board granted permits under the Residents B district and now that the district was changed at Town Meeting he would like the Board to grant new permits for the new zoning district. He stated they aren't proposing any new changes in use just a change to reflect the Rural Business district. Mr. Foster asked if the zoning changes had occurred before would they still have defined the uses as they did. Atty. Davies stated the caption would have changed but not what they wanted to do. The Board reviewed and discussed the proposed requests. Mr. Garabedian stated he thought the Board should vote tonight and then review the draft decision at the next meeting. Mr. Peirce moved to close the public hearing. The motion was seconded by Mr. Foster and passed unanimously. The Board reviewed Atty. Davies proposed findings of facts and proposed relief. Mr. Garabedian asked if there were any other finding of facts to add. Mr. Peirce stated he thinks the Board should expand #7 and state the relief is appropriate under the variance requirements and meets the standards of hardship. Mr. Warren moved to enter the finding of facts as amended. The motion was seconded and passed unanimously. Mr. Warren moved to grant relief as amended with the condition of no exterior lighting. The motion was seconded by Mr. Peirce and passed unanimously. Mr. Peirce moved to adjourn the meeting. The motion was seconded and passed unanimously. Meeting Adjourned: 8:45 PM Adina Wright, Administrative Assistant Board of Appeals June 9, 2010 Page 3 of 3 Clerk's Certification These minutes were adopted by the Board of Appeals on October 27 2010 with the following vote: In favor: R. Warren, T. Garabedian, R. Foster Opposed: Abstaining: D. Barnes, K. Knight Attest. A true copy: Tina M. Rose, Clerk