Zoning Board of Appeals Meeting Minutes
Date: March 8, 2010
Members in Attendance: M Hickey, P Mulkerron, S Landgren, T Dooling,
C Odunukwe and K Coughlin
Arrived: 8:15pm: L Godin
Members Absent: R Havener
Location of Meeting: 3rd Floor Training Room
Time Called to Order: 7:35pm
Time Adjourned: 11:15pm
Time: 7:35pm
Mr. Hickey called the meeting to order and opened the public meeting.
Mr. Mulkerron motioned approve the minutes as submitted, reviewed, and amended from the Feb 1, and Feb 8, 2010, public hearings. Mr. Dooling seconded the motion
Approved by all present Board members 6-0:
M Hickey, P Mulkerron, S Landgren, T Dooling, C Odunukwe, and K Coughlin
Time: 7:40pm
Petitioner: Jack and Cassandra Mazur
Petitioner’s Address: 35 Fiske Street
Location of Subject Property: 35 Fiske Street
Map and Lot: 49:144
Case #: 2010-009 Relief Requested: Chapter 40A, Section 6 Finding (s) from the front yard and rear yard set back requirements in order to construct a two car garage addition
Audience: Property owner, Jack Mazur and Contractor, Sam Rosario
Voting Members: T Dooling (Acting Chair), P Mulkerron, S Landgren, C Odunukwe, and K Coughlin
Concerns/Discussion: The Board noted that the front yard setbacks on both Bolser Avenue and Fiske Street are pre existing non conforming on this corner lot. The Building Inspector determined that even though the mailing address of the property is 35 Fiske Street, the majority of the house faces Bolser Avenue, therefore he determined that rear yard property line is opposite of Bolser Avenue. The relief requested for both the front and rear yard are both less non conforming than the existing non conformity. Mr. Rosario inquired about revising the proposed plan, Mr. Mulkerron stated that the Building Inspector would determine if that change would be significant or non significant, Mr. Mulkerron informed Mr. Rosario to consult with the Building Inspector. The Board reviewed and approved that the
materials for the garage addition be similar to the existing dwelling and they will install two separate garage doors. The Board also stated that the garage addition shall not be constructed higher than the existing dwelling. The DPW submitted a letter stating that the proposed breezeway as shown to be constructed on top of the existing sewer line, the Board instructed the Petitioners to work with the DPW in order to have the sewer line relocated, Mr. Mazur and Mr. Rosario agreed.
Action: Mr. Mulkerron motioned to approve the request as submitted, subject to conditions. Mr. Landgren seconded the motion.
Vote 5-0 to approve
T Dooling (Acting Chair), P Mulkerron, S Landgren, C Odunukwe, and K Coughlin
Time: 7:55pm
Petitioner: Heather Dudko Hopkins of Icon Companies on behalf of CVS Pharmacy
Petitioner’s Address: 137 West Central Street
Location of Subject Property: 137 West Central Street
Map and Lot: 41:85A
Case #: 2010-010
Relief Requested: Modification to Decision #960032 to modify/add additional signage
Audience: Matthew Reardon, District Sales Manager, CVS Pharmacy
Voting Members: T Dooling (Acting Chair), P Mulkerron, S Landgren, C Odunukwe, and K Coughlin
Concerns/Discussion: The modification request is for a total of 11 signs some of which will be modified, some added, some lit, some refaced and some made larger. Ms. Dudko stated that CVS wants to add the signs to indicate to the public of the services that are offered at this site, i.e. 1 hour photo, Minute Clinic, and Open 24 Hours. The Board reviewed each individual sign request. The request to change lighting and add lighting to several signs would be to LED lighting with is more energy efficient and produces less glare. Mr. Landgren noted that several signs are already in place illegally and that the Petitioner is present to make the signs “legal”. Mr. Dooling, reading from the prior decision, told the Petitioner that this CVS site is significantly non compliant to the
conditions of the prior decision #960032. Ms. Dudko agreed and asked the Board that if they could not grant all the sign requests would they consider granted some of the signs. Ms. Coughlin, looking at the proposed plans, noted for the Board’s consideration that the proposed signs on Speen Street would not be visible to traffic or the public due to the steep incline and grade of the roadway. Mr. Dooling and several other Board members requested the ability to view the property.
Action: Mr. Dooling continued the hearing until April 5, 2010 at 8:10pm
Time: 8:35pm
Petitioner: Elizabeth Chambers and James Flis
Petitioner’s Address: 12 Princeton Road
Location of Subject Property: 12 Princeton Road
Map and Lot: 21:263
Case #: 2010-011
Relief Requested: Chapter 40A, Section 6 Finding in order to replace the existing deck
Audience: Tim Clark – 4 Princeton spoke in support of the proposal
Voting Members: T Dooling (Acting Chair), P Mulkerron, L Godin, C Odunukwe,
and K Coughlin
Concerns/Discussion: Review of the proposal shows the existing house and deck are both pre existing non conforming. Color photos were submitted to illustrate the dilapidated condition of the existing deck. The deck is currently built to 10.3 to the side yard lot line, the existing deck will be razed and the new deck will be constructed to the same 10.3 feet from the side yard property lot line. Mr. Mulkerron confirmed that a Chapter 40A, Section 6 Finding is the required relief not a Variance therefore no hardship needs to be established.
Action: Mr. Mulkerron motioned to approve the request, subject to conditions.
Mr. Odunukwe seconded the motion.
Vote 5-0 to approve
T Dooling (Acting Chair), P Mulkerron, S Landgren, C Odunukwe, and K Coughlin
Time: 8:50pm
Petitioner: Chris Regnier of 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 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
Voting Members: M Hickey, P Mulkerron, L Godin, S Landgren, and T Dooling
Concerns/Discussion: Attorney Christian Regnier submitted a revised site plan and narrative and reviewed the following:
· Concluded review with Conservation Commission
· Revised site plan depicts the location of the cell tower and delineates the abutting properties locations
· Access to the proposed Greenhouse will only be via Leach Lane
· 6 parking spaces with one paved handicap space
· Application pending with the BOH for variance requests, Mr. Regnier stated that the outcome of that request has no effect on this parking request
· Seeking to apply for a building permit as soon as/if approved.
· Greenhouse to be operated 7 days a week, 2 to 4 employees each day.
· Projected hours of operation 7am-3pm. The Applicant would not commit to this 8 hour window, when pressed the applicant was unwilling to commit to only an 8 hour window and they raised the possibilities of additional earlier and later hours of operation.
· Mr. Regnier stated that there is an existing substantial tree buffer along Brook Street that would visually shield the abutters from the proposed Greenhouse. A Board member asked if the lease line could be moved down to abut with Brook Street so as to eliminate any potential structures from being constructed in the area between the proposed leased line and Brook Street. Mr. Regnier stated that they could not to commit to lease that entire area because it would increase the leased area thus increasing the rent for this non profit museum. When the Board asked if the existing tree buffer would be maintained, the property owner’s representative (Mr. Hunnewell)
stated that the owner is unwilling to commit to maintaining the existing tree buffer between the proposed leased premises and the homes in the Brook Street area.
· Exterior lighting will be minimal and can be put on timers if conditioned
· Interior lighting will be low lights for plants/vegetation and task lighting for the office and bathrooms
· Natick Town Counsel is of the opinion that the construction and use of the Greenhouse is by right, the request is solely for parking relief.
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
Mr. Hickey expressed concern as to the intent of the Bylaw which allows Greenhouses by right in a residential zone. Mr. Hickey stated that he shares the concerns of the Building Inspector, Michael Connelly, that the fact that there is currently more than one dwelling on this property deems the entire property non conforming therefore the Greenhouse could not be by right. Ms. Godin and Mr. Landgren voiced agreement. Ms. Godin expressed her own concerns as to the precedent this Board will set by allowing such a commercial use in a residential zone. Ms. Godin and Mr. Landgren believe the intent of the Bylaw is for a residential dwelling to construct a Greenhouse to grow products to support and sustain their own families. Mr. Landgren, citing personal experience, wants to require a
condition in the decision, if approved, that adds very strict violations if the construction workers do not adhere to a set schedule in which they can travel up and down Leach Lane to access the construction site. Mr. Hickey followed up on an earlier inquiry as to the museum’s intent with respect to charitable, educational or philanthropic activities proposed within the Natick community, if any. The Applicant represented to the Board that the museum concentrates such activities within the city of Boston and that it had no plans to conduct any such activities in the Town of Natick or to commit to any such activities within the town of Natick. Certain Board members pressed for clarification on their position, which was confirmed by the Applicant, the Board expressed disappointment with the applicant’s position as to an unwillingness to be involved with the host community.
Action: Mr. Hickey noting the lengthy discussion closes the hearing and set the deliberations to April 5, 2010
Time: 10:30pm
Location of Subject Property: 226, 226R, & 230R Pond Street
Map and Lot: 49:140A, 140B, & 142B
Prior Case #: 2005-010
Relief Requested: Extension
Audience: Attorney Philip Lombardo and Property Owner, Chuck Giacchetto
Concerns/Discussion: Mr. Lombardo stated that this case was approved by the ZBA, appealed by the abutters and has recently been dismissed. He has requested in writing a
6 month extension on Variance (s) granted and 1 year extension on the site plan review in order to allow for the construction of the approved project. The Board reviewed the prior relief granted, a condominium development which will include 9 units in 3 buildings.
Action: Mr. Mulkerron motioned to allow the extensions as requested, 6 months for the Variances and 1 year for site plan review and Special Permits. Ms. Coughlin seconded the motion.
Vote: 6-0 to approve
M Hickey, P Mulkerron, L Godin, S Landgren, T Dooling and K Coughlin
Meeting Adjourned: 11:15pm
Meeting Minutes Approved: April 5, 2010
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