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April 6, 2009
Zoning Board of Appeals Meeting Minutes
Date: April 6, 2009
Members in Attendance: R Havener, P Mulkerron, T Dooling, and C Odunukwe
7:35pm – M Hickey
7:55pm – L Godin
8:30pm – S Landgren
Member Absent: G Miller
Location of Meeting: 3rd Floor Training Meeting Room
Time Called to Order: 7:25pm
Time Adjourned:  10:10pm

Time:  7:25pm  
Mr. Havener motions to approve the meeting minutes from March 9, 2009
Mr. Mulkerron seconds the motion
In favor of approval 4-0
R Havener, P Mulkerron, T Dooling, and C Odunukwe

Time: 7:30pm
Petitioner:  Brian Howland on behalf of George Recck and Cathy Carswell
Petitioner’s Address:  21 Eliot Street, Natick, MA
Location of Subject Property: 8 Leach Lane
Map and Lot: 55:50
Case #:  2008-007
Relief Requested:  6 month variance extension request
Audience: No
Voting Members:  R Havener, P Mulkerron, T Dooling, and C Odunukwe
Concerns/Discussion:  Administrative procedure, previously granted variances are allowed, if requested in writing, one, six month extension
Action:  Mr. Mulkerron motions to approve the request, Mr. Dooling seconds the motion
Vote in favor to grant the 6 month extension: 4-0
R Havener, P Mulkerron, T Dooling, and C Odunukwe

Time:  7:35pm
Petitioner: South Natick Hills
Relief Requested:  Documentation and Plan Modification Approval
Audience:  Mark Mastroianni
Voting Members:  P Havener, P Mulkerron, M Hickey, T Dooling, and C Odunukwe
Concerns/Discussion:  Documentation and Plans reviewed and approved by Attorney Lisa Mead, Town Engineer, Mark Coviello, and Community Development Director, Patrick Reffett
Action:  Mr. Havener states several Board members want to review the submitted information and table the discussion for later in the evening to allow for their review.


Time:  7:40pm  Mr. Havener informs Mr. Kerrigan (1 Cabot Street) that the Board is awaiting the arrival of one more voting member, Ms. Godin, in order to proceed.  


Time:  7:45pm  Mr. Havener informs Mr. Glaser (College Road) that the Board is awaiting the arrival of 2 more voting members, Ms. Godin and Mr. Landgren, in order to proceed.  

Time:  7:50pm
Petitioner:  Kevin Della Penna on behalf of the Jehovah’s Witness Assembly Hall
Petitioner’s Address:  71 Calumet Road, Methuen, MA
Location of Subject Property:  85 Bacon Street, Natick
Map and Lot: 29:50A
Case #:  2009-003
Relief Requested:  Modification to the prior decision # 960050, in order to replace the existing fence along the front façade of the hall, as required by Condition #5.
Audience:  Alan Goodman, 8 Digren Road expressed concern as to the storage of construction materials and work schedule hours
Voting Members:  R Havener, P Mulkerron, M Hickey, T Dooling, and C Odunukwe
Concerns/Discussion:  materials of construction, height of masonry columns, height of fence posts, safety of fence post tops, time schedule, work schedule, new/existing landscaping, location of new fence, entrance, exit, mechanical/intercomed entrance gate, and hand operated gate.
Action:  Mr. Mulkerron motions to approve the modification, subject to the review of a sample of the black fence pickets, Mr. Hickey seconds the motion
Vote in favor of the modification:  5-0
R Havener, P Mulkerron, M Hickey, T Dooling, and C Odunukwe

Time:  8:25pm
Petitioner:  Vincent Kerrigan
Petitioner’s Address:  1 Cabot Street
Location of Subject Property:  1 Cabot Street
Map and Lot: 4:46
Case #:  2009-001
Relief Requested:  Finding(s)
Audience:  No
Voting Members:  L Godin, P Mulkerron, M Hickey, T Dooling, and C Odunukwe
Concerns/Discussion:  revised site plan depicting lot coverage conforming at 19%
Action:  Mr. Dooling motions to approve the Finding(s), Mr. Odunukwe seconds the motion
Vote in favor of granting the Finding(s):  5-0
L Godin, P Mulkerron, M Hickey, T Dooling, and C Odunukwe






Time:  8:30pm
Petitioner:  Peter Barbieri on behalf of Gill Realty
Petitioner’s Address:
Location of Subject Property:  801 & 817 Worcester Street
Map and Lot:   19:21A and 19:22J
Case #:  2009-004
Relief Requested:  Special Permit and Variance
Audience: No
Voting Members:  P Havener, P Mulkerron, M Hickey, T Dooling and C Odunukwe
Concerns/Discussion:  relief needed, scope of Town sewer, easement, parking, additions, grading, past cases, PB status, signage, off site parking, car display, multi zoned, buffer zones, procedural history and grounds for legal (variance) hardship.
Action:  Per the Planning Board request, hearing is continued until May 11, 2009

Time:  9:35pm
Petitioner:  Richard Glaser on behalf of Michael Goodman
Petitioner’s Address:  279 West Central Street, Natick
Location of Subject Property: College Road
Map and Lot: 30:37D
Case #:  2009-002
Relief Requested:  Front yard variance
Audience:  none
Voting Members:  L Godin, P Mulkerron, S Landgren, T Dooling, and C Odunukwe
Concerns/Discussion:  Update from the Building Inspector and the Planning Board
Action:  Ms. Godin motions to approve the front yard variance, Mr. Dooling seconds the motion
Vote in favor of granting the front yard variance 5-0
L Godin, P Mulkerron, S Landgren, T Dooling, and C Odunukwe

Time: 9:40pm
Mr. Havener motions to approve the SNH documentation as submitted by SNH and reviewed and approved by Attorney Lisa Mead
·       Affordable Housing Deed Rider
·       Regulatory Agreement (Condition #9)
·       Monitoring Services Agreement – Affordability Requirements (Condition No. 3 and 9)
·       Monitoring Services Agreement – Profit Limitations (Condition No. and 9)
·       Shared Driveway Access Easement (Condition No. 170
·       Restriction on use of Emergency Access Way
·       Easement for Emergency repairs (Condition No.24)
·       Operations and Maintenance Plan for Storm Water Controls
·       Water Distribution System Operations and Maintenance Guidelines (Conditions 24, 27              and 28)
·       Wastewater Collection System Operation Maintenance Guidelines (Condition 24, 27 and 28)
Mr. Mulkerron seconds the motion
Vote to approve 6-0
Mr. Landgren, L Godin, R Havener, P Mulkerron, T Dooling and C Odunukwe

Time: 9:50pm
Mr. Havener motions to approve the SNH plan modification as submitted by SNH and reviewed and approved by Town Engineer, Mark Coviello, and Community Development Director, Patrick Reffett, determining that the plan modification to be unsubstantial in nature and would/does not require a filing of a modification to the comprehensive permit.
Mr. Mulkerron seconds the motion
Vote to approve 6-0
Mr. Landgren, L Godin, R Havener, P Mulkerron, T Dooling and C Odunukwe

Meeting Adjourned:  10:10pm

Minutes Approved May 11, 2009