Zoning Board of Appeals Meeting Minutes
Date: February 1, 2010
Members in Attendance: Michael Hickey, Paul Mulkerron, Robert Havener,
Laura Godin, and Chike Odunukwe
Members Absent: Scott Landgren, Timothy Dooling and Kathryn Coughlin
Location of Meeting: 3rd Floor School Committee Meeting Room
Time Called to Order: 7:30pm
Time Adjourned: 10:00pm
Time: 7:30pm
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: Approval – Unsubstantial change
Audience: Mark Mastroianni from Pulte Homes
Voting Members: M Hickey, R Havener, P Mulkerron, L Godin, and
C Odunukwe
Item #1 – Affordable Unit – Condition #53
Concerns/Discussion: Change is being requested as to exclude units 26 and 27, being used as models, from the requirement that the Applicant …obtain one CO for an affordable townhouse for every three market-rate townhouses. Mr. Hickey confirmed that this is just a sequence issue and that the number of affordable units will remain as approved. Mr. Mastroianni confirmed that to be correct.
Adam Costa’s memorandum letter was read into the record with his opinion that the change as requested is “insubstantial.”
Action: Mr. Havener motioned to approve the request as an “Unsubstantial Change” as discussed and directed by Town Counsel, Adam Costa.
Ms. Godin seconded the motion
Vote: 4-0
Approval – M Hickey, R Havener, P Mulkerron, and L Godin
Time: 7:45pm
Petitioner: Robert Gundersheim
Petitioner’s Address: 10 Indian Rock Road (Wayland)
Location of Subject Property: 10 Indian Rock Road
Map and Lot: 2-2E
Case #: 2010-001
Relief Requested: Special Permit to operate a Dog Kennel at the existing residential dwelling.
Audience: Michael Linehan-14 Milford Avenue stated concerns regarding the Dog Kennel use in such close proximity to Nonesuch Pond with potential harmful effects.
Voting Members: M Hickey, R Havener, P Mulkerron, L Godin, and C Odunukwe
Concerns/Discussion: The property’s close proximity to Nonesuch Pond and the dog Kennel business effect in that area. Extensive discussion to determine the Petitioner business plan. The Petitioner could not definitively outline his business plan and he could not inform the Board as to number of dogs he was requesting, concise hours of operation, location of existing or potential fence, breed(s) of dogs, location of drop off and pick up, number of dogs to be boarded, etc. The Board was unable to grant the Special Permit due to a lack of pertinent imperative information.
Action: Mr. Hickey motioned to deny the request. Mr. Odunukwe seconded the motion.
Vote: 5-0 to deny the request
M Hickey, R Havener, P Mulkerron, L Godin and C Odunukwe
Time: 8:30pm
Petitioner: Susan McGee
Petitioner’s Address: 8 Milford Avenue
Location of Subject Property: 8 Milford Avenue
Map and Lot: 4-66C
Case #: 2010-002
Relief Requested: Chapter 40A, Section 6 Finding to construct a one story addition.
Audience: Michael Linehan – 14 Milford Avenue stated he strongly supported the request.
Voting Members: M Hickey, R Havener, P Mulkerron, L Godin, and C Odunukwe
Concerns/Discussion: The original plan for the addition exceeded the maximum allowable lot coverage. Ms. McGee revised the plan to comply with lot coverage. A Finding for the front yard and rear yard set back requirements is still required.
Action: Mr. Havener motioned to approve the request, subject to conditions.
Mr. Mulkerron seconded the motion.
Vote 5-0 to Approve
M Hickey, R Havener, P Mulkerron, L Godin, and C Odunukwe
Time: 8:45pm
Petitioner: Bill Pybas, Guaranteed Builders on behalf of Patricia Cochrane
Petitioner’s Address: 13 Hammond Road
Location of Subject Property: 13 Hammond Road
Map and Lot: 6-70
Case #: 2010-003
Relief Requested: Chapter 40A, Section 6 Finding to raze the existing dwelling and Variance(s) for the construction of a new modular dwelling.
Audience: Andrew Provost – 15 Hammond Road and William Kelly – 16 Oak Knoll Road both spoke in support of the proposed project.
Voting Members: M Hickey, R Havener, P Mulkerron, L Godin, and C Odunukwe
Concerns/Discussion: The Board struggled with the required hardship for the granting of the Variance(s). After lengthy discussion and working with Mr. Pybas and Ms. Cochrane a compromise was agreed upon, the Board would grant the Finding for the tear down and allow the new construction to be constructed utilizing the existing set backs as to alleviate the granting of the Variances, therefore no hardship would be required.
Action: Mr. Havener motioned to approve the requested as revised and compromised, subject to conditions. Mr. Mulkerron seconded the motion.
Vote 5-0 to approve
M Hickey, R Havener, P Mulkerron, L Godin, and C Odunukwe
Time: 9:25pm
Petitioner: Aaron Socrat on behalf of Patrice Bisch
Petitioner’s Address: 37 Florence Street
Location of Subject Property: 37 Florence Street
Map and Lot: 36-93A
Case #: 2010-004
Relief Requested: Special Permit for a Family Suite
Audience: Steven Grossman – 39 Florence Street spoke in support of the proposal and stated that he was relieved that the Family Suite By-Law Bylaw did not allow for the Family Suite to be used in the future as a rental unit.
Voting Members: M Hickey, R Havener, P Mulkerron, L Godin, C Odunukwe
Concerns/Discussion: The Board reviewed each of the Family Suite By-Law requirements to confirm that the proposal complied. Mr. Havener informed the Petitioners that prior to the Board signing the decision The Board will require the Petitioners to submit for the Boards review and approval a covenant with the name of the occupant of the Family Suite. The Petitioners agreed.
Action: Mr. Havener motioned to approve the Special Permit, subject to conditions,
Ms. Godin seconded the motion
Vote 5-0 to Approve
M Hickey, R Havener, P Mulkerron, L Godin, and C Odunukwe
Time: 9:45pm
Petitioner: Charles Pappas
Petitioner’s Address: 53 Porter Road
Location of Subject Property: 53 Porter Road
Map and Lot: 23-2
Case #: 2010-005
Relief Requested: Chapter 40A, Section 6 Finding to raze the existing dwelling
Audience: None
Voting Members: M Hickey, R Havener, P Mulkerron, L Godin, and C Odunukwe
Concerns/Discussion: The Board discussed a condition to house all construction vehicles, vats, portable potties, dumpsters, etc on the subject property and out of the street and right of way of the neighborhood traffic. The Petitioner agreed. Mr. Havener asked if there is an existing water problem in the area. Mr. Pappas stated that the houses across the street have experienced water issues due to their location at the bottom of a hill located behind Jordan’s furniture, he personally has not experienced water problems, and Mr. Pappas also added that he has never witnessed water to pool in the street.
Action: Mr. Havener motioned to approve, subject to conditions. Mr. Odunukwe seconded the motion.
Vote 5-0 to approve
M Hickey, R Havener, P Mulkerron, L Godin, and C Odunukwe
Meeting Adjourned: 10:00pm
Minutes Approved: March 8, 2010
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