Zoning Board of Appeals Meeting Minutes
Date: February 8, 2010
Members in Attendance: Michael Hickey, Paul Mulkerron, Laura Godin,
Scott Landgren and Timothy Dooling
Members Absent: Robert Havener, Chike Odunukwe, and Kathryn Coughlin
Location of Meeting: 3rd Floor Training Meeting Room
Time Called to Order: 7:40pm
Time Adjourned: 9:30pm
Time: 7:40pm
Mr. Mulkerron motioned to approve the minutes as submitted, reviewed, and amended from the January 11, 2010 public hearing.
Mr. Dooling seconded the motion
Approved by all present Board members 5-0:
M Hickey, P Mulkerron, L Godin, S Landgren, and T Dooling
Time: 7:45pm
Petitioner: Sharon Kelley
Petitioner’s 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: Several abutters attended the meeting to clarify the withdrawal request
Voting Members: M Hickey, P Mulkerron, S Landgren, T Dooling, and K Coughlin
Concerns/Discussion: Mr. Mulkerron read the Petitioner’s letter to withdraw the application. The Petitioner’s written withdrawal request did not indicate if her request was to withdraw with our without prejudice. The Board discussed voting to approve the withdrawal request with or with out prejudice. Mr. Dooling stated concern why the withdrawal should be approved with prejudice. Mr. Hickey stated that he would like to dispose of this application.
Action: Mr. Hickey motioned to approve the withdrawal request with prejudice. Mr. Mulkerron seconded the motion.
Vote: 4-1 to approve the withdrawal with prejudice.
Yes – M Hickey, P Mulkerron, L Godin, and S Landgren
No – T Dooling
Time: 7:47pm
Petitioner: Linda Simkins on behalf of the Natick Organic Community Farm
Petitioner’s Address: 0 Eliot Street
Location of Subject Property: 0 Eliot Street
Map and Lot: 68:12AC
Case #: 2010-006
Relief Requested: Signage
Voting Members: Case never open and assigned voting members
Concerns/Discussion: Mr. Mulkerron read the Petitioner’s letter to withdraw the application with prejudice. The Board discussed voting to approve the withdrawal request with or with out prejudice. Ms. Godin stated concern why the withdrawal should be approved with prejudice although the Petitioner requested the withdrawal to be approved with prejudice; she believes it to be a typographical error because she believes if the Petitioner understood the verbiage she never would have added prejudice to her application. Mr. Landgren agreed. Mr. Hickey stated that he will accept the withdrawal request as stated in the written request.
Action: Mr. Hickey motioned to approve the withdrawal request with prejudice as stated in the written request. Mr. Dooling seconded the motion.
Vote: 3-2 to approve the withdrawal with prejudice.
Yes – M Hickey, P Mulkerron, and T Dooling
No – L Godin and S Landgren
Time: 7:50pm
Petitioner: Pamela Price Botts
Petitioner’s Address: 78 Eliot Street
Location of Subject Property: 78 Eliot Street
Map and Lot: 63:31
Case #: 2010-007
Relief Requested: Variances and Finding to construct addition(s)
Audience: None
Voting Members: M Hickey, P Mulkerron, L Godin, S Landgren, and T Dooling
Concerns/Discussion: Relief was granted two years ago (Case #2007-044), time to exercise the granted relief (one year) lapsed, new application request to reestablish the prior relief granted. Ms. Botts stated that after the prior relief was granted her contractor went out of business putting the project on hold; she would now like to move forward. Mr. Mulkerron reviewed he required relief noting a Variance was needed for lot coverage. Ms. Godin stated concern about the amount of overage on lot coverage was being requested. Mr. Landgren stated that the lot was deficient in size.
Action: Mr. Mulkerron motioned to approve a Variance for overage for the maximum amount of lot coverage allowed. Mr. Hickey added to approve all necessary Variances and Finding to approve the request. Mr. Dooling added to note that the narrow shape of the lot, the topography and slope and the proximity to the Charles River establish the required level of hardship for the granting of the Variance(s). Mr. Landgren also added to include as a condition that the Petitioner must comply with the prior order of condition #233626 as required by the Conservation Commission. Mr. Landgren seconded the motion as stated and amended.
Vote: 5-0 to approve the request reaffirming the prior relief granted
Yes – M Hickey, P Mulkerron, L Godin, S Landgren, and T Dooling
Time: 8:20pm
Petitioner: Goulston & Storrs on behalf of the Isabella Gardner Museum
Petitioner’s Address: 400 Atlantic Avenue, Boston, Ma 02110
Location of Subject Property: 42 Leach Lane
Map and Lot: Map 54:30D, 79, 80 and 81 and 55:53
Case #: 2010-008
Relief Requested: Exception to the parking requirements and/or Variance from the parking requirements
Audience:
James Lebeck, Director of Museum Facilities
Michael Leblanc - Architect, Utile
Stephen Garvin – Civil Engineer, Samiotes Consultants
John Cosmini – 12 Brook Street
Tom Tierney – 21 Algonquian Drive
Voting Members: M Hickey, P Mulkerron, L Godin, S Landgren, and T Dooling
Concerns/Discussion: Attorney Christian Regnier reviewed the proposal for the Board. A portion of the Hunnewell property will be “carved off” and leased to the Isabella Gardner Museum in order to construct an 11,000 square foot greenhouse which will be utilized only by the Isabella Gardner Museum to cultivate the plants to/from the Museum. No public use, not open to the public, 2-4 full time workers, approximately 2 trips per week for deliveries, small delivery truck to be used not a large commercial truck. The proposed location was the result of meeting with the Conservation Commission to determine where on the property, based on Conservation concerns, would be the least invasive area to construct. Requesting an Exception and/or Variance from the parking requirements in
order to reduce the impervious material and increase the pervious in support of the Conservation preference. Three Exceptions are being requested:
1. V-D.12 – required: paved with curb, requesting: crushed stone
2. V-D.11 – required: striped parking spaces, requested: can’t stripe crushed stone
3. V-D.8 – required: curb in front of building, requested: no curb
Parking calculations, based on review with Michael Melchiorri, is 1 space per 2,000 square feet of gross area, or 1 space per employee for a total of 6 spaces, plan includes 6 spaces, one of which is handicap accessible. Setback requirements were discussed, the plan was not clear as to the set backs of the proposed greenhouse, the Board requested clarification. Abutters stated concerns in regards to visibility from their properties, access to and from via Leach Lane only and not Brook Street, potential spillage of lighting, location of greenhouse in close proximity to the proposed cell tower. The cell tower was not depicted on the site plan. Mr. Mulkerron requested a site plan depicting the cell tower and the fall line. Additional discussion produces a list of additional information the Board
requires for further review.
Action: Mr. Hickey motioned to continue the hearing until March 8, 2010 at 7:50pm in order to receive the following information:
· Plot plan locating all buildings, setbacks of greenhouse, carved off lot, cell tower location including fall line of the cell tower.
· Parking plan delineating number of parking spaces, parking spaces location and dimensions
· Definitive hours of operation
· Days of operation
· Potential fence/potential gate
· Exterior and interior lighting plan and fixtures
· Opinion from the Fire Chief in regards to access to/from the proposed greenhouse
Time: 9:20pm
Mr. Dooling leaves unexpectedly ill. Mr. Hickey informs both of the following Petitioners that the Board can not proceed because there is not a quorum.
Time: 9:25pm
Petitioner: George Richards on behalf of Mary Ann Morse Healthcare
Petitioner’s Address: 2 Pleasant Street, Natick, MA
Location of Subject Property: 45 Union Street, Natick, MA
Map and Lot: 44:364
Case #: 2009-027
Relief Requested: Variance and/or Modification to #880104
Voting Members: R Havener, L Godin, S Landgren, T Dooling, and C Odunukwe
Concerns/Discussion: Due to Mr. Havener not in attendance, Mr. Odunukwe not in attendance, and Mr. Dooling left due to illness, Mr. Hickey informs the Petitioner’s that they will have to continue the hearing. Mr. Richards stated he wished he had been informed of this early he wouldn’t have “spent thousands of dollars to have the Engineers present.” Mr. Hickey stated that this was unforeseen. Mr. Richards asked the Board to consider adding an additional meeting so they did not have to wait until the next meeting on March 8, 2010. Ms. Godin and Mr. Landgren both state they are available on March 1, 2010. Mr. Richards asked if they come back on March 1, 2010 will the at least of a draft of the written decision be ready on March 8, 2010, Mr. Hickey responded,
unlikely.
Action: Mr. Hickey motioned to continue the application, based on other member’s availability, to March 1, 2010 and if the other members are not available on March 1, 2010 the hearing will be continued to the March 8, 2010 hearing. P Condlin will confirm availability of the Board members.
Time: 9:28pm
Petitioner: Jason Makofsky and Kelly McQueeney
Petitioner’s Address: 12 Dartmouth Street, Rear
Location of Subject Property: 12 Dartmouth Street Rear
Map and Lot: 18:112
Case #: 2009-006
Relief Requested: Chapter 40A, Section 6 Finding
Audience: Multiple abutters were present
Voting Members: P Mulkerron, R Havener, M Hickey, T Dooling, C Odunukwe, alternate K Coughlin, second alternate L Godin
Concerns/Discussion: Abutters concerned over length if time they have been present to hear the case. Mr. Hickey apologizes. Richard Glaser, representing the Petitioner’s states they are available either on March 1 or March 8 and will contact the office to see which one has been confirmed. The abutters state they would like this matter to be resolved.
Action: Mr. Hickey motioned to continue the application, based on other member’s availability, to March 1, 2010 and if the other members are not available on March 1, 2010 the hearing will be continued to the March 8, 2010 hearing. P Condlin will confirm availability of the Board members.
Meeting Adjourned: 9:30pm
Minutes Approved: March 8, 2010
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