Natick, Massachusetts - December 7, 2009

December 7, 2009


	Zoning Board of Appeals Meeting Minutes Date: December 7, 2009 Members in Attendance: Mr. Hickey, Mr. Havener, Mr. Mulkerron, Ms. Godin, Mr. Landgren, Mr. Dooling, Mr. Odunukwe, and Ms. Coughlin Members Absent: None Location of Meeting: 2^nd Floor Selectman’s Meeting Room Time Called to Order: 7:30pm Time Adjourned: 11:45pm Time: 7:30pm Mr. Hickey motioned to approve the minutes as submitted, reviewed, and amended from the November 9, 2009 public hearing. Mr. Mulkerron seconded the motion Approved by all present Board members: Mr. Hickey, Mr. Mulkerron, Mr. Havener, Mr. Landgren, Mr. Dooling, and Ms. Coughlin Time: 7:35pm Petitioners: Edward and Martha Arena Petitioners 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: Chapter 40A, Section 6 Finding or Variance Audience: None Voting Members: M Hickey, L Godin, S Landgren, T Dooling, and K Coughlin Concerns/Discussion: Application requested a Chapter 40A, Section 6 Finding, the Board after review of the submitted site plan determined a Variance was required. Mr. Arena reviewed for the Board, Plan B, which relocates the garage addition inline with the existing structure resulting in the Boards ability to grant the Finding vs. a Variance. Mr. Arena stated he would prefer the granting of a Variance in order to better utilize the proposed two car garage. Several Board members, after viewing the property, stated they struggled with establishing the hardship required for granting a Variance. Action: Ms. Godin motioned to approve the Chapter 40A, Section 6 Finding in order to construct a garage addition. Mr. Dooling seconds the motion. Vote: 5-0 to Approve M Hickey, L Godin, S Landgren, T Dooling, and K Coughlin Time: 7:55pm Petitioner: Sharon Kelly Petitioners Address: 11 Arlington Road Location of Subject Property: 11 Arlington Road Map and Lot: 20:150 Case #: 2009-032 Relief Requested: Special Permit – Dog Kennel Audience: Robert McNally – 14 Arlington Circle, Keith Upham – 8 Craft Road, Cynthia Upham – 8 Craft Road, Paul Smith – 18 Arlington Road, Lisa Movitz – Owner Fuzz Bowl, Donald Topham – 185 Eliot Street, and Carol Rossi – 13 Arlington Road Voting Members: M Hickey, P Mulkerron, S Landgren, T Dooling, and K Coughlin Concerns/Discussion: The Board listened to abutters concerns, existing and proposed fencing, escaped dog incident, dog vs. dog attack incident involving the Natick Police, hours of operation, number of dogs requested, “doggie day care” vs. “doggie play group”, boarding of dogs, Ms. Kelly’s dog expertise, existing size of the lot, types of breeds allowed and not allowed. Ms. Coughlin will research if there is a National Organization of Dog Kennels and if so what their requirements are. Action: Mr. Hickey motioned to close the hearing, no second to the motion Action: Mr. Hickey motioned to continue the hearing until Feb 8, 2010, (January meeting closed). Mr. Dooling seconds the motion to continue the hearing until Feb 8, 2010. Time: 9:05pm Petitioners: Jason Makofsky and Kelly McQueeney Petitioners Address: 8 Chester Street, Natick 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 dwelling Audience: No Voting Members: M Hickey, R Havener, P Mulkerron, T Dooling, and C Odunukwe Concerns/Discussion: Written continuance request read into the record Action: Ms. Godin motioned to approve the written continuance request to the Jan 11, 2010 public meeting as submitted. Mr. Odunukwe seconds the motion. Vote of present members – 7-0 to approve Ms. Godin, Mr. Odunukwe, M Hickey, R Havener, P Mulkerron, T Dooling, and K Coughlin Time: 9:06pm Petitioner: George Richards on behalf of the Mary Ann Morse Healthcare Petitioners Address: 45 Union Street Location of Subject Property: 45 Union Street Map and Lot: 44:364 Case #: 2009-027 Relief Requested: Variance to construct an addition Audience: David Fisher – Landscape Architect, Levy and Wong, Alan McClain – CEO Mary Ann Morse Healthcare, Jane Flieger – 11 Malden Street, Rob Morris – 4 Sherman Terrace, and Michael Hickey (Chair ZBA) as abutter – 5 Milk Street Voting Members: R Havener, L Godin, S Landgren, T Dooling, and C Odunukwe Concerns/Discussion: Petitioners has met with Concom, DPW, and Planning Board for the project review. Reviewed the proposed landscaping plan. Proposal is to add one additional bed, reconfiguration to remove the rooms with 3 beds because they are not marketable. Proposal is to allow for more rehabilitation areas to allow for the facility to remain viable. Discussed abutters concerns. Addition proposed to be constructed 75 feet from the abutting paper street. To utilize existing sewer line (need confirmation from the Hospital) or new sewer line to be added around the facility. The Board requested a copy of the revised plans; currently the Board has outdated plans. Addition proposed to be 2 ½ stories. Mr. Richards stated that the topography of the land is the hardship required in order to allow for the granting of a variance. Action: R Havener motioned to continue the hearing until Feb 8 in order to receive additional information. Ms. Godin seconded the motion. Documentation/information requested: 1. Order of Conditions from Conservation 2. Final sewer location and written confirmation from the Hospital (if needed) 3. Topographical map 4. Full Set of Plans with Revisions 5. Site Plan depicting location of addition as well as the location of the abutters dwellings 6. Lighting Plan Time: 10:20pm Petitioner: George Richards on behalf of Makhmid Mazayev a.k.a. Zdorovie Adult Day Care Petitioners Address: 41 Pleasant Street, West Roxbury, MA 02132 Location of Subject Property: 17 Strathmore Road Map and Lot: 24:90T Case #: 2009-024 Relief Requested: Special Permit to operate an Adult Day Care in an Industrial Zone Audience: No Voting Members: M Hickey, R Havener, S Landgren, T Dooling, and C Odunukwe Concerns/Discussion: The Board discussed the proper relief to be granted, a Special Permit or a Use Variance, after review and discussion it was determined that a Special Permit would be the proper relief. The Petitioners agreed to multiple conditions imposed by the Board. Action: Mr. Hickey motioned to approve a Special Permit, subject to multiple conditions. Mr. Dooling seconded the motion Vote 5-0 to Approve M Hickey, R Havener, S Landgren, T Dooling, and C Odunukwe Time: 11:15pm Petitioner: George Richards on behalf of Brochu Brothers Petitioners 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 to allow for a landscaping business to be an ancillary use at the existing Nursery Audience: No Voting Members: M Hickey, P Mulkerron, R Havener, T Dooling, and C Odunukwe Concerns/Discussion: Revised site plan submitted and reviewed. Action: Mr. Mulkerron motioned to approve a Special Permit, subject to multiple conditions. Mr. Havener seconded the motion Vote 5-0 to Approve M Hickey, P Mulkerron, R Havener, T Dooling, and C Odunukwe Time: 11:30pm Petitioner: George Richards on behalf of Brochu Brothers Petitioners 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: Appeal of Cease and Desist Order Audience: No Voting Members: M Hickey, P Mulkerron, R Havener, T Dooling, and C Odunukwe Concerns/Discussion: Withdrawal of petition without prejudice (received and filed) Action: Mr. Havener motioned to accept the verbal withdrawal of the petition subject to the receipt of written confirmation. Mr. Mulkerron seconded the motion. Vote 5-0 to allow for the withdrawal of the petition. M Hickey, P Mulkerron, R Havener, T Dooling, and C Odunukwe 11:45pm Meeting Adjourned Minutes approved 1/12/10