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Home My Public Portal About20100908 - Board of Appeals - Meeting MinutesTOWN OF HOPKINTON OFFICE OF BOARD OF APPEALS TOWN HALL IS MAIN STREET — THIRD FLOOR HOPKINTON, MASSACHUSETTS 01748-3209 (508) 497-0012 RORY WARREN, Chairman THOMAS J. GARABEDIAN. Vice Chairman TINA M. ROSE, Clerk Minutes of the Board of Appeals Minutes: September 8, 2010 I? `ECEIVED r;OPKJNTDN 200 SEP 23 A 10: 1 7 i i m CLERK's OFFICE W W W. HOPKINTON. ORG ZBAChair@Hopkinton.org Hopkinton.org ZBACIerk@Flopkinton.org Called to Order: 7:30 PM Town Hall, 2"'J Floor Adjourned: 8:45 PM Members Present: Rory Warren, Chairman; Thomas Garabedian, Vice Chairman; Tina Rose, Clerk; Michael DiMascio; Michael Peirce; David Barnes; June Clark Members Absent: Robert Foster Others Present: Elaine Lazarus, Director of Land Use, Planning and Permitting 7:30 PM Petition for Variance 1-3 Wild Road - Aho Daniel Aho, Petitioner Thomas Nealon, Attorney Joe Marquedant, Architect Members Sitting: Mr. Warren, Mr. Garabedian, Ms. Rose, Mr. DiMascio, Mr. Peirce Members in Attendance: Mr. Barnes, Ms. Clark Atty. Nealon stated the petitioner is seeking a dimensional variance from the front yard setbacks in the RB district. He stated there are currently two lots on the westerly side of Wild Road that where originally created in 1969 as part of Thayer Heights. He stated the petitioner wishes to combine the two lots and build a single family home. He stated there are significant wetlands and the lot has a very narrow shape which will limit them in all attempts not to disturb the 50' buffer. He stated the literal enforcement of the bylaw would be a substantial hardship to the petitioner and the soil condition, shape and topography are significant hardships. He also stated the property is currently heavily wooded and it would be less than a 6% disturbance to the lot if the house were to be built. He stated the exact same variance was sought over 10 years ago and was granted. Mr. Peirce asked if they have had any discussions with the Conservation Commission. Mr. Marquedant stated they had a brief discussion with the Conservation Administrator, Mr. MacAdams on June 4, 2010 and he said it would be difficult to comment because it wasn't in front of the Commission. Mr. Peirce asked what issues would these buffers present if they had to push the house back 10'. Mr. Marquedant stated he did not think they would be able to do it. Mr. Peirce asked if there was a design for the house. Mr. Aho stated is would be a small colonial approximately 1,800 square feet. Mr. DiMascio asked what the setbacks were of the other homes in the area. Atty. Nealon stated they were right around 50'. Mr. Warren asked if there were any public comments. Peter R. Barbieri, Attorney — Fletcher, Tilton & Whipple, stated there are 63 lots in the subdivision and it was known there were wetland issues back in 1969. He stated the values of the properties were based on non -buildable lots. He stated the abutters are concerned with the drainage esthetics in the overall development and that there is no grading or no driveway on the plan. He stated no proof has been provided that a hardship exists. Michael Stratton, 7 Wild Road stated it appears the house will be very small and not within keeping with the neighborhood and will decrease others values. Mr. Peirce asked if there was a house on #27. Mr. Stratton stated it is owned by Duffy and he believes it was deemed unbuildable. Any. Nealon stated that lot was combined with the Hayden Rowe lot. Ella DiPietro, 6 Wild Road stated the area is very family oriented. She stated her home is set back 200' from the road. She stated she has never seen the brook dry in 20 years and the Town has long known Beaver Brook is a wetland. She stated she is concerned if these lots are built on, how it would not impact these streams. Mr. Warren asked if this property was in the flood plain. Mr. Marquedant stated he was not sure. Mr. Stratton stated he built his home up 10-15' and every time it rains his backyard stays wet for days. Alan DiPietro, 6 Wild Road asked what has changed over the years. He stated for 16 years it has been unbuildable and then asked if the town is loosening the restrictions. Mr. Peirce asked Atty. Nealon if it was his position that if the variance was granted it would alter the Conservation Commission having to deal with this. Atty. Nealon stated no, they would still need to go before the Commission. He then stated he believes that based on the plan submitted the Board is well within its power to grant a variance. Mr. Garabedian moved to close the public hearing. The motion was seconded by Mr. Peirce and passed unanimously. Documents Used: Notice of Public Hearing Uniform Application for Special Permit/Petition for Variance with supporting documents March 2, 1999 Corrected Decision issued by the Board of Appeals DPW Sewer Service Connection Tie Record September 8, 2010 letter from Fletcher, Tilton & Whipple, P.C'. with attachments Land Area and House Square Footage for Chestnut Street and Wild Road Properties 8:10 PM Petition for Variance 342-344 Wood Street —Conner, Gedutis, and Seile Beverly Gedutis, Petitioner Board of Appeals September 8, 2010 Page 2 of 4 Shannon Seile, Petitioner Doug Resnick, Attorney Members Sitting: Mr. Warren, Mr. Garabedian, Ms. Rose, Mr. DiMascio, Mr. Peirce Members in Attendance: Mr. Barnes, Ms. Clark Atty. Resnick stated the petitioners own a parcel on Wood Street that contains almost 120k square feet. He stated two mobile homes currently exist on the property. He stated they would like to divide the lot into two which would require variances from the Board for area. He stated if the relief were granted they would submit an ANR plan to the Planning Board. He stated the area requirement in the Agricultural zone is 60,000 and both lots would be just under that. He stated the properties have been treated as almost separate lots for 40 years. He stated the lots would still be large compared to lots in the immediate vicinity. He stated this would not be detrimental to the neighborhood. Mr. Warren asked why they didn't make one lot conform and one lot non -conforming instead of making both lots non -conforming. Atty. Resnick stated they felt that making them both non -conforming would be very minimal. Mr. Barnes asked if the mobile homes would go away. Atty. Resnick stated ultimately the mobile homes are pre- existing non -conforming and if this is approved the trailers will disappear and new homes will be built that meet the setbacks. Mr. Warren asked if there were any public comments. Erica Brown, Hopkinton Independent asked if this was one big lot to be split into two. Atty. Resnick stated yes. Mr. Garabedian moved to close the public hearing. The motion was seconded by Mr. DiMascio and passed unanimously. Mr. Peirce moved to find hardship due to the uniqueness of the lot, the odd shape and the pre-existing conditions of the existing structures. The motion was seconded by Mr. Garabedian and passed unanimously. Mr. Garabedian moved to grant variances as requested under 210-14A to be consistent with the revised plan. The motion was seconded by Mr. Peirce and passed unanimously. Documents Used. Notice of Public Hearing Uniform Application for Special Permit/Petition for Variance with supporting documents Photos of lot 1 and lot 2 8:35 PM Administrative Session of the Board of Appeals 1-3 WildRoad —Aho Mr. DiMascio stated he would like to drive by and see the property. Mr. Peirce stated he thinks most of the issues raised by Atty. Barbieri have no weight on the variance request. Mr. Barnes stated his concern is the house is significantly smaller than others on the street. Mr. Warren stated the Board will take this up in 2 weeks after everyone had a chance to view the property. Board of Appeals September 8, 2010 Page 3 of 4 Mr. Garabedian moved to adjourn the meeting. The motion was seconded and passed unanimously. Meeting Adjourned: 8:45 PM Adina Wright, Administrative Assistant Board of Appeals September 8, 2010 Page 4 of 4 Clerk's Certification These minutes were adopted by the Board of Appeals on September 22 , 2010 with the following vote: In favor: R. Warren, T. Rose, M. Peirce, J. Clark Opposed: Abstaining: K. Knight Attest. A true copy: Tina M. Rose, Cl rk