HomeMy Public PortalAbout20090211 - Board of Appeals - Meeting MinutesTOWN OF HOPKINTON
THOMAS J. GARABEDIAN, Chairman
ROBERT W. FOSTER, Vice Chairman
RORY WARREN, Clerk
BOARD OF APPEALS
TOWN HALL
18 MAIN STREET — THIRD FLOOR
HOPKINTON, MASSACHUSETTS 01748-3209
(508)497-0012
Minutes of the
Board of Appeals
OFFICE OF RECEIVED
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09 MAR 12 AM 9: 15
W W W. HOPKINTON.ORG
ZBAChair@Hopkinton.org
ZBACIerk@Hopkinton.org
Minutes: February 11, 2009 Called to Order: 7:07 PM
Town Hall, 2" Floor Adjourned: 8:45 PM
Members Present: Thomas Garabedian, Chairman; Robert Foster, Vice Chairman; Michael DiMascio;
Peter Ficarri; Michael Peirce; David Barnes
Members Absent: Rory Warren, Clerk; Tina Rose
Others Present:
7:07 PM Administrative Session of the Board of Appeals
Bills
Mr. Foster moved to pay the December 17, 2008 bill in the amount of $65.62 to Corporate Express for
office supplies, the December 3, 2008 bill in the amount of $49.00 to Action Copy Plus for zoning maps
and name plates, and the January 7, 2009 bill in the amount of 167.75 to Village Print for envelopes from
the 53E 1/2 account. The motion was seconded and passed unanimously.
Mr. Foster moved to pay the January 8, 2009 bill in the amount of $1,702.48 to Miyares and Harrington
LLP for Professional Services Rendered for the Hopkinton Housing Authority from the 53G account.
The motion was seconded and passed unanimously.
Mr. Foster moved to pay the January 7, 2009 bill in the amount of $1,085.00 to Fay, Spofford &
Thorndike, LLC for Engineering Review Services from the Hopkinton Housing Authority 53G account.
The motion was seconded and passed unanimously.
Mr. Foster moved to pay the February 6, 2009 bill in the amount of $883.00 to Fay, Spofford &
Thorndike, LLC for Engineering Review Services from the Hopkinton Housing Authority 53G account.
The motion was seconded and passed unanimously.
Mail
Mr. Garabedian stated the Board had received a request from Peppercorn Village to reduce the bond
associated with the Tripartite Agreement. He stated they would like to reduce two line items because they
have been completed. Mr. Foster stated this needs to be reviewed by FS&T before the Board can sign off
on it.
7:30 PM
Mr. Foster moved to enter into Executive Session for the sole purpose of discussing litigation. The
motion was seconded by Mr. Warren. The votes were:
Mr. Garabedian: Yes
Mr. Foster: Yes
Mr. DiMascio: Yes
Mr. Ficarri: Yes
Mr. Peirce: Yes
Mr. Barnes: Yes
The motion passed unanimously.
The Board exited Executive Session and returned to regular session at 7:55pm.
7:55 PM Continuation of Public Hearing
Mayhew Court —Hopkinton Housing Authority
Linda Donahue, Executive Director — Hopkinton Housing Authority
Ed Marchant — Chapter 40B Advisor for Hopkinton Housing Authority
Rick Misiaszek, Architect — Reinhardt Associates
Tom Harrington, Attorney — Miyares and Harrington
Members Sitting: Mr. Garabedian, Mr. Foster, Mr. Peirce, Mr. Barnes
Members in Attendance: Mr. DiMascio, Mr. Ficarri
Mr. Garabedian advised the applicant that there were only 4 Board members in attendance and gave them
the option to go forward with the hearing or request a continuation. Mr. Marchant stated they would like
to go forward.
Mr. Marchant stated they have nothing to present but are prepared to comment. The Board reviewed the
January 20, 2009 letter from the Conservation Commission. Mr. Garabedian asked if there are any
specific elements that the applicant has in terms of conditions. Mr. Marchant stated his only concern is to
clarify who the "qualified engineer" would be for the weekly reviews. Mr. Foster stated the Board needs
to sit down and write the conditions which are usually done in a working session and that would give the
Board time to clarify some issues. He then stated he is only concerned about what conditions are put in
the Board's decision and not the conditions in the Conservation Commissions Order of Conditions. Mr.
Marchant stated they support the granting of waivers to the local bylaws. Atty. Harrington stated if the
Board's decision references the Conservation Commissions Order of Conditions then they have to make
sure it is recorded. The Board reviewed the letter dated January 28, 2009 from FS&T and had no
comments.
Mr. Foster moved to close the public hearing to any further submittals from the applicant or general
public but leave it open to any input from other Boards or Town Officials and open to a working session.
The motion was seconded by Mr. Peirce and passed unanimously.
Board of Appeals
February 1 1, 2009
Page 2 of 3
Mr. Harrington stated the clock does not start ticking until the 2nd closing of the public hearing.
8:40 PM Administrative Session of the Board of Appeals
Mr. Garabedian asked if the Board members would be available on March 4, 2009 at 7pm for a working
session.
Minutes
The Board reviewed the minutes of November 19, 2008. Mr. Foster moved to
November 19, 2008. The motion was seconded and passed 5-0-1. The votes were:
Mr. Foster: Yes; Mr. Ficarri: Yes; Mr. Peirce: Yes; Mr. Barnes: Yes; Mr. DiMascio:
The Board reviewed the minutes of December 12, 2008. Mr. Foster moved to
December 12, 2008. The motion was seconded and passed 5-0-1. The votes were:
Mr. Foster: Yes; Mr. DiMascio: Yes; Mr. Peirce: Yes; Mr. Barnes: Yes; Mr. Ficarri:
The Board reviewed the minutes of December 19, 2008. Mr. Foster moved to
December 19, 2008. The motion was seconded and passed 5-0-1. The votes were:
Mr. Foster: Yes; Mr. DiMascio: Yes; Mr. Peirce: Yes; Mr. Barnes: Yes; Mr. Ficarri:
adopt the minutes of
Mr. Garabedian: Yes;
abstain.
adopt the minutes of
Mr. Garabedian: Yes;
abstain.
adopt the minutes of
Mr. Garabedian: Yes;
abstain.
Mr. Foster moved to adjourn the meeting. The motion was seconded and passed unanimously.
Meeting Adjourned: 8:45 PM
Adina Wright, Administrative Assistant
Board of Appeals
February 11, 2009
Page 3 of 3
Clerk's Certification
These minutes were adopted by the Board of Appeals on March 11 , 2009 with
the following vote:
In favor: T. Garabedian, M. DiMascio, M. Peirce, D. Barnes
Opposed:
Abstaining: T. Rose
Attest.
A true copy:
Rory Warren, Clerk