Zoning Board of Appeals Meeting Minutes
Date: January 11, 2010
Members in Attendance: M Hickey, P Mulkerron, L Godin, S Landgren, T Dooling, and C Odunukwe
Members Absent: R Havener and K Coughlin
Location of Meeting: 3rd Floor School Committee Meeting Room
Time Called to Order: 7:40pm
Time Adjourned: 10:05pm
Time: 7:40pm
Mr. Hickey motioned to approve the minutes as submitted, reviewed, and amended from the December 9, 2009 public hearing.
Mr. Mulkerron seconded the motion
Approved by all present Board members:
M Hickey, P Mulkerron, L Godin, S Landgren, T Dooling, and C Odunukwe
Time: 7:42pm
Mr. Hickey informed the public that the five (5) public hearings scheduled for the evening will be rescheduled (see rescheduled time below) due to an administrative error that the advertisement was not placed in the newspaper in the required amount of time.
7:30pm Robert Gundersheim 10 Indian Rock Special 2010-001
Road Permit – Dog Kennel
7:40pm Susan McGee 8 Milford Avenue Finding a/o 2010-002
Variance
7:50pm Patricia Cochrane 13 Hammond Ave Finding a/o 2010-003
Variance
8:00pm Patrice Bisch 37 Florence Street Family Suite 2010-004
8:10pm Charles Pappas 53 Porter Road Finding a/o 2010-005
Variance
Time: 7:45pm
Petitioner: Gilmartin, Megence and Ross
Petitioner’s Address: 376 Boylston Street, Boston, MA 02116
Location of Subject Property: 8-10 Grant Street
Map and Lot: 44-221 & 222
Case #: 2009-031
Relief Requested: Determination if, already constructed, changes are insubstantial or substantial in nature
Audience: Attorney Richard DiGirolamo, Ronald Bork of Essex Engineering and Charlie Zammuto – Project Manager
Voting Members: M Hickey, P Mulkerron, L Godin, S Landgren, T Dooling and
C Odunukwe
Concerns/Discussion: Mr. Hickey informed the Board that he and Building Inspector, Michael Connelly and Charlie Zummato conducted a site visit to review the changes. The already constructed changes requiring the Boards determination are:
1. Relocation of handicap space
2. curb/retaining wall locations
3. side decks
4. rear decks
The Board, along with Mr. DiGirolamo, Mr. Bork and Mr. Zammuto reviewed each change in regards to the impact to the abutters and conformity to the approved 40B comprehensive permit.
Action: Mr. Mulkerron motioned, that based on review, the already constructed changes are determined to be unsubstantial in nature therefore requiring no modification or public hearing.
Ms. Godin seconded the motion
Approval Vote 6-0
M Hickey, P Mulkerron, L Godin, S Landgren, T Dooling and C Odunukwe
Time: 8:05pm
Petitioner: Jason Makofsky
Petitioner’s Address: 8 Chester Street, a.k.a. 5 Lincoln Street Ext
Location of Subject Property: 12 Dartmouth Street, Rear
Map and Lot: 19-112
Case #: 2009-006
Relief Requested: Chapter 40A, Section 6 Finding to raze the existing single family dwelling to construct a new single family dwelling.
Voting Members: P Mulkerron, R Havener, M Hickey, T Dooling, C Odunukwe
Concerns/Discussion: Mr. Mulkerron read the Petitioners letter of continuance to the February 8, 2010 meeting into the record.
Action: Mr. Hickey motioned to accept and approve the continuance request. Ms. Godin seconded the motion
Vote 5-0-1
Approve – M Hickey, P Mulkerron, L Godin, T Dooling, and C Odunukwe
Abstain – S Landgren
Time: 8:10pm
Petitioner: Pulte Home – South Natick Hills
Petitioner’s Address: 115 Flanders Road, Suite 200, Westboro, MA 01581
Location of Subject Property: 226 South Main Street
Case #: 2006-008
Relief Requested: Documentation Approval
Audience: Mark Mastroianni and Reid Blute – both from Pulte Homes
Voting Members: M Hickey, P Mulkerron, L Godin, S Landgren, T Dooling, and
C Odunukwe
Item #1 – Operation and Maintenance Plan – Condition #39
Concerns/Discussion: Due to several Board members concerns in regards to the maintenance of the public sidewalks and roadways and the continued effort to sustain the requirements approved in the Comprehensive Permit as to abutter screening the Board along with Mr. Mastroianni and Mr. Blute revised the Operation and Maintenance plan, line by line, to address those concerns and revise the submittal.
Action: Mr. Hickey motioned to approve Operation and Maintenance plan subject to the submittal of a revised document incorporating all discussed and agreed changes.
Ms. Godin seconded the motion
Vote 5-0-1
Approval – M Hickey, P Mulkerron, L Godin, S Landgren, and T Dooling
Abstain – C Odunukwe
Item #2 – Relocation of Affordable Units – Condition #2
Concerns/Discussion: Mr. Hickey asked if the change was a staging issue. Mr. Mastroianni stated yes and he added that the affordable units must meet the intent of the affordable housing program.
Action: Mr. Landgren motioned that the change is insignificant and motioned to approve. Ms. Godin seconded the motion.
Vote 5-0-1
Approval – M Hickey, P Mulkerron, L Godin, S Landgren and T Dooling
Abstain – C Odunukwe
Item #3 – Surety Bond – Condition #56
Concerns/Discussion: The surety bond amount of $270,397.00 was approved by Town Engineer, Mark Coviello; the Board’s outside legal counsel provided written approval of the surety bond as to form. The Board inquired of Pulte as to the identity of the surety. Mr. Blute stated the bond holder would be either St Paul’s or SunTrust and agreed to supply the Board with a copy of the executed bond. The Board approved the surety bond, subject to satisfactory review and approval of the surety.
Action: Mr. Hickey motioned to approve subject to the Board’s satisfaction as to the identity of the surety/bonding company. Mr. Mulkerron seconded the motion
Vote 6-0
Approval – M Hickey, P Mulkerron, L Godin, S Landgren, T Dooling, and C Odunukwe
Time: 9:55pm
The Board scheduled and additional meeting on February 1, 2010 to accommodate the new cases scheduled on the January 11, 2010 hearing which could not be heard due to the advertisements were not placed on time.
10:05pm Meeting adjourned
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