Zoning Board of Appeals Meeting Minutes
Date: March 1, 2010
Members in Attendance: Michael Hickey, Robert Havener, Paul Mulkerron,
Laura Godin, Scott Landgren, Timothy Dooling, Chike Odunukwe,
and Kathryn Coughlin
Members Absent: None
Location of Meeting: 2nd Floor Selectman’s Meeting Room
Time Called to Order: 7:05pm
Time Adjourned: 11:15pm
Time: 7:05pm
Petitioner: George Richards on behalf of Mary Ann Morse Healthcare
Petitioner’s Address: 2 Pleasant Street, S Natick
Location of Subject Property: 45 Union Street
Map and Lot: 44:364
Case #: 2009-027
Relief Requested: Modification/Affirmation of 1989 Decision and Variances from frontage and area
Audience: Attorney George Richards, David Fisher of Levy and Wong, Brian Kelleher of Samiotes Consulting Engineers, Michael Hickey (Chair ZBA – recused from participating as a voting member on this matter - speaking as an abutter - 5 Milk Street).
Voting Members: R Havener, L Godin, S Landgren, T Dooling and C Odunukwe
Concerns/Discussion: Relief required/requested as stated above. The Board reviewed and finalized a multitude of items, including:
· The Nursing Home has been a model neighbor and the abutters would like to see the Nursing Home succeed.
· According to Attorney Richards, topography and soil conditions of site serve to establish basis of legal hardship.
· Concerns from abutters as to future growth led to a request for acknowledgement that the Petitioners agree to a permanent restriction that they have no intention and will not come back to the Board for another request to come closer than 75 feet to the Milk Street/Malden Street/Westview Avenue neighborhood. Mr. Richards stepped out of the meeting and spoke with his clients, returned, and stated his clients will agree to a permanent restriction condition which states they will not seek further relief now or in the future to construct any additional structures closer than 75 feet.
· Also addressing concerns from the abutters, Mr. Richards agrees to a permanent restriction condition that the Nursing Home will not now or in the future come back to the Board for a request to seek access to the Nursing Home via Milk Street, Malden Street, or Westview Avenue.
· Order of Conditions applicable to this site as approved by the Conservation Commission.
· Existing walking trails will remain open as per Planning Board decision condition #11.
· Permanent entrance and exit via Union Street ONLY.
· No access shall be allowed now or in the future off of Milk Street, Malden Street or Westview Avenue.
· No fence will be erected, the abutters prefer the existing natural tree line buffer Petitioner will notify the abutters 24 hours in advance of the blasting schedule
· Petitioner will utilize the existing sewer line under the facility as preferred by the DPW, which will reduce the amount of blasting required for the addition.
· The Fire Department and abutters will be notified at least 24 hours prior to any blasting for the construction.
· Exterior lighting will be set to timers to extinguish exterior lights at 9pm unless required by code or safety concerns.
· Although an addition can be constructed to six stories the Petitioners agree with a condition that will allow the height of the addition not to exceed 3 stories
· No relief is requested for additional signage.
Action: Mr. Havener motioned to approve the request, subject to conditions. Mr. Landgren seconded the motion
Vote 5-0 to approve
R Havener, L Godin, S Landgren, T Dooling and C Odunukwe
Time: 8:25pm
Petitioner: Jason Makofsky and Kelly McQueeney
Petitioner’s Address: 12 Dartmouth Rear
Location of Subject Property: 12 Dartmouth Rear
Map and Lot: 18:112
Case #: 2009-006
Relief Requested: Chapter 40A, Section 6 Finding
Audience: Attorney Richard Glaser, Robert Gemma of Metrowest Engineering, Attorney Paul Galvani representing abutters, Edward and Nancy Devereaux – 19 Lowell Road, Jennifer Young – 3 Vesta, and Lawrence Drolet – 14 Lowell Road
Voting Members: P Mulkerron, R Havener, M Hickey, T Dooling, C Odunukwe and alternate K Coughlin
Concerns/Discussion: Mr. Hickey confirmed with the Petitioners that due to scheduling issues Mr. Havener has been replaced with alternate Kathryn Coughlin. Mr. Glaser confirms there to be no objections from the Petitioners. Mr. Glaser reviewed “Option A” with access via Lowell Road, proposed subterranean garage, which is to connect to water and sewer utilities on Lowell Road (a public not accepted way) but not storm drain/catch basin facilities. (The Petitioner has proposed a private plan to direct their drainage runoff into the lake). Newly developed “Option B” was reviewed with water and sewer utilities to be connected to Lowell Road with access via Dartmouth with proposed at grade garage. Third option discussed access through Dartmouth with the installation of
a septic system. Ms. Godin pointed out that if septic system was installed there is a 2 bedroom restriction and the current proposed new dwelling has 4 bedrooms. Abutters, Lawrence Drolet and Jennifer Young did a presentation to review the existing drainage problems at this site. Extensive discussion in regards to the Petitioners “rights” to utilize access and utilities on Lowell Road. Abutters attending the hearing stated that they had no objections to the construction of the new house just that they were very concerned about additional detrimental drainage issues that would exasperate an already difficult situation. Attorney Galvani reviewed several subdivision plans that occurred in this area. The Board asked for clarification from DPW as to the definition of what a public way, private way, an unaccepted and accepted road definition. Mr. Hickey on direction from the other Board members would like additional input from DPW and
BOH for “Option B”, as well as DPW’s definition of public ways, private ways, accepted and non accepted road.
Action: Mr. Hickey continued the hearing until April 5, 2010 to receive additional information about the newly proposed “Option B” and the road status of Lowell Road in Natick.
Meeting Adjourned: 11:15pm
Meeting Minutes Approved: April 5, 2010
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