Zoning Board of Appeals Meeting Minutes
Date: November 9, 2009
Members in Attendance: Michael Hickey, Paul Mulkerron, Laura Godin,
Scott Landgren, Timothy Dooling, Chike Odunukwe,
and New Member Kathryn Coughlin
Members Absent: Robert Havener
Location of Meeting: 2nd Floor Selectman’s Meeting Room
Time Called to Order: 7:45pm
Time Adjourned: 10:30pm
Time: 7:45pm
Petitioners: Matthew and Lelana George
Petitioner’s Address: 6 Shore Road
Location of Subject Property: 6 Shore Road
Map and Lot: 21:5
Case #: 2009-029
Relief Requested: Chapter 40A, Section 6 Finding and Variance in order to construct a 16’x25’two story addition.
Audience: No
Voting Members: Mr. Hickey, Mr. Mulkerron, Mr. Landgren, Mr. Dooling,
and Mr. Odunukwe
Concerns/Discussion: Property corner lot location and proximity to wetlands. Conservation Commission and Board of Health requests and compliance.
Action: Mr. Mulkerron motioned to approve the Chapter 40A, Section 6 Finding and Variance from the rear yard set back requirement in order to construct a 16’x25’ two story addition. Mr. Dooling seconded the motion.
Vote to approve 5-0
Mr. Hickey, Mr. Mulkerron, Mr. Landgren, Mr. Dooling and Mr. Odunukwe
Time: 8:10pm
Petitioners: Edward and Martha Arena
Petitioner’s Address: 3 Parkview Street, a.k.a. 3 ½ Parkview Street
Location of Subject Property: 3 Parkview Street, a.k.a. 3 ½ Parkview Street
Map and Lot: 52:9C
Case #: 2009-030
Relief Requested: Filed for Chapter 40A Section 6 Finding
Audience: James Manoli, 1B Parkview spoke in support of the proposal
Voting Members: Mr. Hickey, Ms. Godin, Mr. Landgren, Mr. Dooling, and Ms. Coughlin
Concerns/Discussion: Relief requested was a Finding the Board determined that a Variance was what would be required in order to extend the existing 1 car garage into a 2 car garage. Hardship requirement for the granting of the Variance. Determination of compliance with maximum of allowable lot coverage, Mr. Landgren calculated lot coverage would comply at approximately 17%. Several Board members requested the ability to view the property.
Action: Mr. Hickey continued the hearing until December 7, 2009 at 7:25pm to allow for the ability of Board members to view the property.
Time: 8:35pm
Petitioners: 8 Grant Street LLC and Gilmartin, Magence & Ross, LLP
Representatives attending hearing: Attorney Richard DiGirolamo and Charles Zammuto
Petitioner’s Address: 376 Boylston Street, Boston, MA
Location of Subject Property: 8-10 Grant Street
Map and Lot: 44:221 & 222
Case #: 2009-031
Relief Requested: Determination of substance of changes for the proposed modification to the approved 40B Comprehensive Permit
Voting Members: Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren,
and Mr. Dooling
Concerns/Discussion: If the proposed, already constructed, changes are insubstantial or substantial. Mr. Zammuto stated that the submitted plans were not accurate. The Board reviewed changes but could not make a determination if the deck changes were or were not substantial because they were informed that the submitted plan was not accurate.
Action: Mr. Hickey, in agreement from Attorney DiGirolamo, continued the hearing until January 11, 2010 in order for the submittal of accurate plans.
Time: 9:35pm
Petitioner: Mark Mastroianni for South Natick Hills – Pulte Homes
Petitioner’s Address: 115 Flanders Road, Westboro, Ma
Location of Subject Property: 226 South Main Street
Map and Lot: 60/65/66:33B&C, 1E, 24
Case #: 2006-008
Relief Requested: Documentation Approval
1. Master Deed – 15 Years
2. Declaration of Trust – 10 Years
3. Marketing and Lottery Materials
4. Lottery Agent Approval
Audience: No
Voting Members: Attending Board Members
Concerns/Discussion: Attorney Adam Costa, Blatman, Bobrowski & Mead memorandum’s of approval read and discussed. Attorney Mark Mastroianni discussed length of terms for both items # 1 and #2, Board after discussion w/Mr. Mastroianni approved the term as requested by Mr. Mastroianni and Pulte Homes.
Action: Mr. Hickey motioned to approve all the above listed documents as submitted. Mr. Dooling seconded the motion.
Approved by all attending present Board members
Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe and Ms. Coughlin
Time: 9:55pm
Mr. Mulkerron motioned to approve the minutes as submitted from the October 5, 2009 public hearing.
Mr. Dooling seconded the motion
Approved by all attending present Board members:
Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe and Ms. Coughlin
Time: 10:00pm
Petitioner: Jason Makofsky
Petitioner’s Address: 8 Chester Street
Location of Subject Property: 12 Dartmouth
Map and Lot: 18:112
Case #: 2009-006
Relief Requested: Chapter 40A, Section 6 Finding to raze the existing single family dwelling to construct a new single family dwelling on a pre existing non conforming lot.
Audience: No
Continuance Voting Members: Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe, and Ms. Coughlin
Action: Mr. Mulkerron read the continuance request into the record, requesting to be continued to the December 7, 2009 public hearing. Mr. Dooling motioned to approve the continuance as requested. Mr. Odunukwe seconded the motion.
Approved by all attending present Board members:
Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe and Ms. Coughlin
Time: 10:05pm
Petitioner: George Richards on behalf of Makhmid Mazayev
Petitioner’s Address: 2 Pleasant Street, S Natick, MA
Location of Subject Property: 17 Strathmore Road
Map and Lot: 24:90T
Case #: 2009-024
Relief Requested: Special Permit and/or Use Variance in order to operate an adult day care in an Industrial zone.
Audience: No
Continuance Voting Members: Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe, and Ms. Coughlin
Action: Mr. Mulkerron read the continuance request into the record, requesting to be continued to the December 7, 2009 public hearing. Mr. Dooling motioned to approve the continuance as requested. Mr. Odunukwe seconded the motion.
Approved by all attending present Board members:
Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe and Ms. Coughlin
Time: 10:10pm
Petitioner: George Richards on behalf of Brochu Brothers
Petitioner’s Address: 2 Pleasant Street, S Natick
Location of Subject Property: 226 South Main Street
Map and Lot: 59/60:54/36C
Case #: 2009-005
Relief Requested: Appeal of Cease and Desist Order
Audience: No
Continuance Voting Members: Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe, and Ms. Coughlin
Action: Mr. Mulkerron read the continuance request into the record, requesting to be continued to the December 7, 2009 public hearing. Mr. Dooling motioned to approve the continuance as requested. Mr. Odunukwe seconded the motion.
Approved by all attending present Board members:
Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe and Ms. Coughlin
Time: 10:15pm
Petitioner: George Richards on behalf of Brochu Brothers
Petitioner’s Address: 2 Pleasant Street, S Natick
Location of Subject Property: 226 South Main Street
Map and Lot: 59/60:54/36C
Case #: 2009-026
Relief Requested: Special Permit and/or Use Variance in order to allow for a landscaping business to be an ancillary use at the existing Nursery
Audience: No
Continuance Voting Members: Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe, and Ms. Coughlin
Action: Mr. Mulkerron read the continuance request into the record, requesting to be continued to the December 7, 2009 public hearing. Mr. Dooling motioned to approve the continuance as requested. Mr. Odunukwe seconded the motion.
Approved by all attending present Board members:
Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe and Ms. Coughlin
Time: 10:20pm
Petitioner: Stephen Weinstein
Petitioner’s Address: 31 South Main Street
Location of Subject Property: 31 South Main Street
Relief Requested: Special Permit to serve food to the outside public via an exterior service window.
Mr. Hickey read the Petitioners request to withdraw his application without prejudice into the record.
Mr. Hickey motioned to accept and approve the withdrawal request. Ms. Godin seconded the motion.
Accepted and approved by all attending present Board members:
Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe and Ms. Coughlin
Time: 10:25pm
Petitioner: Richard Connors
Petitioner’s Address: 52 Fairview Avenue
Location of Subject Property: 42 Fairview Avenue
Case #: 2009-009
Requested: Based on proposed changes to construct the new single family dwelling smaller than what was granted, Michael Connelly would like the Board, based on condition #1 of the prior decision, to determine, if the proposed changes are “substantially as represented” to allow for the change.
Ms. Godin stated that although she believed the changes to be substantial in nature that she was comfortable that the proposed reduction would in fact be a better project, but stated this is quite unique and valid for only this property.
Mr. Godin motioned to grant the request and rely to Mike Connelly that the Board is comfortable with the changes as proposed. Ms. Mulkerron seconded the motion.
Approved by all attending present Board members:
Mr. Hickey, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe and Ms. Coughlin
Meeting Adjourned: 10:30pm
Minutes Approved: December 7, 2009
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