Zoning Board of Appeals Meeting Minutes
Date: October 5, 2009
Members in Attendance: Robert Havener (Acting Chair), Laura Godin,
Scott Landgren, Timothy Dooling, and Chike Odunukwe
Members Absent: Michael Hickey and Paul Mulkerron
Location of Meeting: 3rd Floor Training Room
Time Called to Order: 7:30pm
Time Adjourned: 10:45pm
Time: 7:30pm
Mr. Havener motioned to approve the minutes as submitted from the September 14, 2009 public hearing.
Mr. Dooling seconded the motion
Vote 4-0 to approve
R Havener, L Godin, S Landgren, T Dooling, and C Odunukwe
Time: 7:35pm
Petitioner: Stephen Weinstein
Petitioner’s Address: 31 South Main Street, a.k.a. 23 South Main Street
Location of Subject Property: 31 South Main Street, a.k.a. 23 South Main Street
Map and Lot: 43:21
Case #: 2009-021
Relief Requested: Special Permit
Audience: None
Voting Members: M Hickey, R Havener, L Godin, S Landgren, and T Dooling
Concerns/Discussion: Submitted letter from Petitioner stating, “…at this time to not attend the continuance for our request for permission to use the food service window”
Action: R Havener read the letter into the record. P Condlin informed the Board that she has requested Mr. Weinstein to submit a formal letter of withdrawal without prejudice to the Board for the Board to vote on at the November 9, 2009 public hearing. R Havener reviewing time constraints placed on the Board for granting the Special Permit motioned to deny the application if the formal written withdrawal was not submitted for approval for the November 9, 2009 hearing.
Ms. Godin seconded the motion
Vote: 5-0 to deny the application unless a written withdrawal is submitted for the November 9, 2009 hearing.
Voting members: R Havener, L Godin, S Landgren, T Dooling, and C Odunukwe
Time: 7:45pm
Petitioner: Bradley Osen
Petitioner’s Address: 6 Lincoln Street Ext, a.k.a. 10 Chester Street
Location of Subject Property: 6 Lincoln Street Ext, a.k.a. 10 Chester Street
Map and Lot: 44:70
Case #: 2009-025
Relief Requested: Modification to #2005-020 – Use Variance
Audience: Adam Foley – 12 Chester Street, Heather Pilat – 20 Chester St,
Everett Pond – 20 Erlandson, Edward Johnson – 18 Lincoln St Ext, and
Alan Newman – 2 Lincoln St Ext
Voting Members: R Havener, L Godin, S Landgren, T Dooling, and C Odunukwe
Concerns/Discussion: Prior decision was evasive, not specifically stating that the attic couldn’t be converted into living space. R Havener reviewed the prior history of the property. Conversion was done without securing the proper permits building and electrical permits. Prior contentious history of the property. Abutters stating that it was agreed that the attic space wouldn’t be converted into living space. MLS document stating, “bring your ideas for the walk up attic”. The Petitioner has moved to Montana and is trying to sell the house.
Action: Ms. Godin motioned to approve, subject to conditions. Mr. Odunukwe seconded the motion.
Vote 3-2 to approve – passes
Yes – L Godin, S Landgren, and C Odunukwe
No – R Havener and T Dooling
Time: 8:00pm
Petitioner: Anil Patel
Petitioner’s Address: 102 Speen Street
Location of Subject Property: 102 Speen Street
Map and Lot: 49:235
Case #: 2009-026
Relief Requested: Chapter 40A, Section 6 Finding
Audience: No
Voting Members: R Havener, L Godin, S Landgren, T Dooling and C Odunukwe
Concerns/Discussion: Massive length of proposed new dwelling and Conservation Commission Status. Request to move the house and garage further back than what is proposed.
Action: L Godin motioned to approve, based on conditions. Mr. Dooling seconded the motion.
Vote 5-0 to approve
R Havener, L Godin, S Landgren, T Dooling, and C Odunukwe
Time: 8:20pm
Petitioner: George Richards on behalf of Mary Anne Morse Healthcare Corp
Petitioner’s Address: 45 Union Street
Location of Subject Property: 45 Union Street
Map and Lot: 44:364
Case #: 2009-027
Relief Requested: Modification of #880104, Clarification and Variance(s) to construct an addition
Audience: David Fisher – Landscape Architect from Levy and Wong,
Robert Morris – 4 Sherman Terrace, Morey Townsend – 0 Milk Street,
Jan Fleiger – 11 Malden Street
Voting Members: R Havener, L Godin, S Landgren, T Dooling, and C Odunukwe
Concerns/Discussion: Frontage, Sub-division created self imposed hardship, easement, drainage, Westview Avenue status, relocation of addition, abutters concerns, utilities, relief required/requested, Conservation and Planning Board status, title search, and Architectural presentation.
Action: R Havener motioned to continue to the December 7, 2009 public hearing (he is unable to attend the November 9 hearing) in order for the Petitioners to appear before Conservation and Planning Board, title search information, frontage sub division information, status of Westview Avenue.
Vote 5-0 to approve to be continued
Time: 9:45pm
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 by the Building Inspector
Audience: No
Sitting Members: P Mulkerron, R Havener, T Dooling, M Hickey, and C Odunukwe
Voting Members: R Havener, L Godin, S Landgren, and C Odunukwe
Action: Mr. Havener read the continuance request into the record, requesting to be continued to the November 9, 2009 public hearing and motioned to approve the continuance as requested.
Vote 5-0 to approve to be continued
Time: 9:47pm
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
Audience: No
Sitting Members: P Mulkerron, R Havener, T Dooling, M Hickey and C Odunukwe
Voting Members: R Havener, L Godin, S Landgren, and C Odunukwe
Action: Mr. Havener read the continuance request into the record, requesting to be continued to the November 9, 2009 public hearing and motioned to approve the continuance as requested.
Vote 5-0 to approve to be continued
Time: 9:49pm
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
Audience: No
Voting Members: R Havener, L Godin, S Landgren, and C Odunukwe
Action: Mr. Havener read the continuance request into the record, requesting to be continued to the November 9, 2009 public hearing and motioned to approve the continuance as requested.
Vote 5-0 to approve to be continued
Time: 9:50pm
Petitioner: Simon Mosgofian
Petitioner’s Address: 76 Washington Street
Location of Subject Property: 76 Washington Street
Map and Lot: 36:15
Case #: 2009-028
Relief Requested: Variance (s) from the northerly side yard set back requirement and maximum amount of lot coverage.
Audience: Aaron Socrat, Elaine Mosgofian, Paula Mosgofian, and Clare Mosgfian, Kevin Mailly – 49 Walnut Street
Voting Members: R Havener, L Godin, S Landgren, T Dooling, and C Odunukwe
Concerns/Discussion: Removal of the existing garage to reduce lot coverage, addition requested to add a bathroom and laundry on the 1st floor for an elderly family member, condition for no parking to be along the side of the house where the new addition is to be constructed, property location as a corner lot.
Action: Ms. Godin motions to approve with conditions. Mr. Dooling seconded the motion.
Vote 5-0 to approve
R Havener, L Godin, S Landgren, T Dooling, and C Odunukwe
Time: 10:05pm
Petitioner: Anil Patel
Petitioner’s Address: 102 Speen Street
Case: 2009-026
Location of Subject Property: 102 Speen Street
Action: Deliberations – see above
Time: 10:20pm
Petitioner: Bradley Osen
Petitioner’s Address: 6 Lincoln St Ext a.k.a. 10 Chester Street
Case: 2009-025
Location of Subject Property: 6 Lincoln St Ext a.k.a. 10 Chester Street
Action: Deliberations – see above
10:45pm Meeting Adjourned
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