Zoning Board of Appeals Meeting Minutes
Date: September 14, 2009
Members in Attendance: Michael Hickey, Robert Havener, Laura Godin,
Scott Landgren, Timothy Dooling and Chike Odunukwe
Members Absent: Paul Mulkerron
Location of Meeting: 2nd Floor School Committee Meeting Room
Time Called to Order: 7:25pm
Time Adjourned: 12:15am
Time: 7:25pm
Mr. Havener motioned to approve the minutes as submitted and amended from the
July 13, 2009 hearing. Mr. Odunukwe seconded the motion
Vote 4-0 to approve as submitted and amended.
M Hickey, R Havener, T Dooling, and C Odunukwe
Time: 7:30pm
Petitioner: Robert and Pamela Donnelly
Petitioner’s Address: 9 Yorkshire Drive
Location of Subject Property: 9 Yorkshire Drive
Map and Lot: 19:197
Case #: 2009-022
Relief Requested: Special Permit for a Family Suite
Audience: No
Voting Members: M Hickey, R Havener, T Dooling and C Odunukwe
Concerns/Discussion: Mr. Havener informed the Petitioner that 4 Board members were currently present and that he could proceed with 4 voting members or wait for the 5th member to arrive. Mr. Donnelly opted to proceed with the 4 members in attendance. The Board reviewed each requirement of the Family Suite Bylaw to ensure the Family Suite complied, it was determined that the proposal complied. Mr. Havener expressed concern that this is a large lot and asked Mr. Donnelly if he would have a problem with a condition added to his decision that the lot could not be subdivided while the Family Suite is in place. Mr. Donnelly stated he did not have any objection to that condition.
Action: Mr. Havener motioned to approve the Special Permit for the Family Suite. Mr. Dooling seconded the motion.
Vote to approve 4-0
Mr. Hickey, Mr. Havener, Mr. Dooling and Mr. Odunukwe
Time: 7:45pm
Petitioner: Jason Makofsky
Petitioner’s Address: 8 Chester Street
Location of Subject Property: 12 Dartmouth Street Rear
Map and Lot: 18:112
Case #: 2009-006
Relief Requested: Chapter 40A, Section 6 Finding to raze the existing single family to allow for the construction of a new single family dwelling.
Action: Mr. Hickey read the Petitioners written request for a continuance until the November 9, 2009 meeting. Mr. Havener motioned to approve the continuance request as submitted. Mr. Odunukwe seconded the motion.
Vote to approve 4-0
Mr. Hickey, Mr. Havener, Mr. Dooling and Mr. Odunukwe
Time: 7:50pm
Petitioner: Stephen Weinstein
Petitioner’s Address: 31 South Main Street aka 23 South Main Street
Location of Subject Property: 31 South Main Street aka 23 South Main Street
Map and Lot: 43:21
Case #: 2009-021
Relief Requested: Special Permit to allow for servicing food to the outside public via a food service window.
Audience: Saralyn Keller – Design Review Board and Mr. Weinstein’s business partner
Voting Members: Mr. Hickey, Mr. Havener, Ms. Godin, Mr. Landgren, and Mr. Dooling
Concerns/Discussion: The Board discussed at length the aesthetics of the proposal as well as the recommendations from the Design Review Board. After review of the proposal and determining the need for additional information The Board requested the Petitioner to supply a multitude of additional information. Mr. Hickey continued the hearing until October 5. Mr. Weinstein stated he would require more time in order compile the requested information. Mr. Hickey reviewed the upcoming meeting dates, it was agreed the case would be continued until the December 7 meeting date.
Action: Mr. Hickey continued the hearing until December 7, 2009
Time: 9:50pm
Petitioner: Brochu Brothers
Petitioner’s Address: 226 South Main Street
Location of Subject Property: 226 South Main Street
Map and Lot: 59:54 and 60:36C
Case #: 2009-005
Relief Requested: Vacate Cease and Desist order from the Building Inspector
Audience: No
Action: Mr. Hickey read the Petitioners letter of continuance request into the record.
Vote: 6-0 to allow for the continuance request
Mr. Hickey, Mr. Havener, Mr. Landgren, Ms. Godin, Mr. Dooling, and Mr. Odunukwe
Time: 9:55pm
Petitioner: Brochu Brothers
Petitioner’s Address: 226 South Main Street
Location of Subject Property: 226 South Main Street
Map and Lot: 59:54 and 60:36C
Case #: 2009-019
Relief Requested: Special Permit and/or Use Variance for the accessory landscaping use at the existing Nursery.
Audience: No
Action: Mr. Hickey read the Petitioners letter of continuance request into the record.
Vote: 6-0 to allow for the continuance request
Mr. Hickey, Mr. Havener, Mr. Landgren, Ms. Godin, Mr. Dooling, and Mr. Odunukwe
Time: 10:00pm
Petitioner: James MacDonald and Richard Pratt
Petitioner’s Address: 11 and 80 South Avenue
Location of Subject Property: 11 and 80 South Avenue
Map and Lot: 44:17 and 44:317
Case #: 2009-020
Relief Requested: Special Permit to allow for the conversion of the existing dwelling into a multi unit residential property with off site parking
Audience: No
Voting Members: Mr. Hickey, Mr. Havener, Mr. Landgren, Mr. Dooling, and Mr. Odunukwe
Concerns/Discussion: The Board discussed the recommendations from the Design Review Board, the Natick Historical Committee, DPW and BOH. The Board confirmed with the Petitioner that all the sister Boards requirements/recommendations would be complied with. Mr. MacDonald and Mr. Pratt confirmed that.
Action: Mr. Hickey motioned to approve the Special Permit, with conditions. Mr. Havener seconded the motion.
Vote: 5-0
Mr. Hickey, Mr. Havener, Mr. Landgren, Mr. Dooling, and Mr. Odunukwe
Time: 10:45pm
Petitioner: Bill and Pam Hesse
Petitioner’s Address: 5 Redmen Drive
Location of Subject Property: 5 Redmen Drive
Map and Lot: 59:60
Case #: 2009-023
Relief Requested: Variance from the side yard set back requirement in order to construct a 3 season room on to the rear of the existing dwelling.
Audience: No
Voting Members: Mr. Hickey, Mr. Havener, Mr. Landgren, Mr. Dooling, and Mr. Odunukwe
Concerns/Discussion: The Board, reviewing the submitted color photos, noted that the “boulder” listed on the application is actually a large out crop of ledge, and that topography issues may serve as the basis for establishing legal hardship, which is a required statutory element for the granting of a variance.
Action: Mr. Dooling motioned to approve the variance from the side yard set back requirement as submitted with conditions. Mr. Landgren seconded the motion.
Vote: 5-0
Mr. Hickey, Mr. Havener, Mr. Landgren, Mr. Dooling, and Mr. Odunukwe
Time: 11:00pm
Petitioner: Attorney Michael Peirce on behalf of Makhmid Mazayev
Petitioner’s Address: 60 Walnut Street, Fl 4, Wellesley, MA
Location of Subject Property: 17 Strathmore Road
Map and Lot: 24:90T
Case #: 2009-024
Relief Requested: Special Permit and/or Use Variance to allow for an Adult Day Care to utilize the existing commercial building in and Industrial I zone.
Audience: Joan Grzybowski – 52 Travis Road and Patricia Mello – 39 Travis Road
Voting Members: Mr. Hickey, Mr. Havener, Mr. Landgren, Mr. Dooling, and Mr. Odunukwe
Concerns/Discussion: The Board reviewed concerns in the issuance of the Special Permit, including correspondence from Town Counsel and Planning Board relative to interpretation of the use provisions of the Zoning By-Law. The Petitioner argues that this use is “similar” to a Child Day Care which is allowed by Special Permit in an Industrial I Zone. The By-Law currently does not have an Adult Day Care allowed use zone. Much discussion was on Town Counsel’s opinion letter and what qualifies an entity to fall under the Dover Amendment. Two abutters addressed their past concerns for traffic, lighting, tree removal, security, trash pick up, etc. The abutters stated they have had multiple issues with the commercial locations on Strathmore Road. Due to the late hour
several abutters were unable to stay therefore Mr. Hickey informed the Petitioners he would continue the hearing.
Action: Mr. Hickey continued the hearing until Oct 5 to allow for the additional abutters input.
Meeting Adjourned: 12:15am
| 
