Zoning Board of Appeals Meeting Minutes
Date: April 5, 2010
Members in Attendance: M Hickey, R Havener, P Mulkerron, L Godin, S Landgren,
T Dooling, C Odunukwe, and K Coughlin
Members Absent: None
Location of Meeting: 3rd Floor Training Room
Time Called to Order: 7:30pm
Time Adjourned: 11:30pm
Time: 7:30pm
Mr. Havener called the meeting to order and opened the public meeting.
Mr. Havener motioned to approve the minutes as submitted, reviewed, and amended from the March 1, 2010 and March 8, 2010, public hearings.
Ms. Coughlin seconded the motion
Approved by all present Board Members:
R Havener, T Dooling, S Landgren, C Odunukwe, and K Coughlin
Time: 7:35pm
137 West Central St, Heather Hopkins on behalf of CVS, 2010-010, Signage
T Dooling (Acting Chair), P Mulkerron, S Landgren, C Odunukwe and K Coughlin
Mr. Havener read the letter of continuance into the record.
Mr. Dooling motioned to accept the continuance as requested to the May 10, 2010 hearing. The request is required in order for the Petitioner to appear before the Planning Board for their determination that this application is substantially different than the previously denied application (Decision #2008-031) filed less than 2 years ago with the Town Clerk.
Ms. Coughlin seconded the motion.
Approved by all present Board Members:
R Havener, T Dooling, S Landgren, C Odunukwe and K Coughlin
Time: 7:40pm
Petitioner: Corrado Building and Remodeling on behalf of Garland and Maureen Branch
Petitioner’s Address: 14A Waushakum St, Framingham, MA 01702
Location of Subject Property: 8 Rockland Street
Map and Lot: 60:54+A
Case #: 2010-012
Relief Requested: Chapter 40A, Section 6 Finding in order to construct a 2 story addition.
Audience: No
Voting Members: M Hickey, P Mulkerron, T Dooling, C Odunukwe and K Coughlin
Concerns/Discussion: The Board addressed the letters submitted by the BOH and DPW with requests for a sump pump and relocation of the existing sewer line, respectively. Mr. Branch and Mr. Corrado agreed to work with both the BOH and DPW to their satisfaction to resolve those issues. Mr. Corrado informed the Board that there is an outcrop of ledge in the rear of the lot which would make it very difficult to construct an addition. The Board discussed the aesthetics layout and elevations of the proposed addition.
Action: Mr. Hickey closed the hearing. Mr. Mulkerron motioned to approve the request, subject to conditions. Mr. Dooling seconded the motion
Vote: 5-0 to approve
M Hickey, P Mulkerron, T Dooling, C Odunukwe and K Coughlin
Time: 8:00pm
Petitioner: John Stournaras
Petitioner’s Address: Nicholas Restaurant – 85 East Central Street
Location of Subject Property: Nicholas Restaurant – 85 East Central Street
Map and Lot: 44:368
Case #: 2010-013
Relief Requested: Modification to the prior Decision # 990090 to allow for the second floor of the existing commercial building to be utilized as a “Curves” (a women’s health, exercise, nutrition and well-being franchise.)
Audience: Attorney Richard Glaser, representing the Petitioner,
John Ciccariello -17 Sunshine Avenue and John Moran – 39 Eliot Street, both spoke in support of the proposal.
Voting Members: M Hickey, R Havener, P Mulkerron, L Godin and T Dooling
Concerns/Discussion: Multiple letters of support for the proposal were read into the record, including letters from residential abutters, commercial abutters, and the President of the Downtown Natick Association. Mr. Glaser prior to his review of the proposal submitted two (2) additional letters of support including a letter from Selectman John Connolly. Mr. Glaser gave a history of the site stating that the owner’s original plan was to construct a smaller restaurant, but based upon Planning Board input, the owners agreed to construct a taller building vs. a vaster building, relocate parking to add additional green space. Mr. Stournaras stated he understood that he could, in the future, utilize the 2nd floor for an additional commercial use. Mr. Glaser added that in these
challenging economic times the Petitioner is attempting to supplement his income and remain viable in the downtown Natick area. The Board reviewed the prior decision, compliant parking for both uses simultaneously (based on the use of only 107 restaurant seats), hours of operation for the Curves business, number of patrons as well as proposed signage. Mr. Stournaras reviewed the Variance he was granted from the MAAB for a 3 year and 10 month waiver to install an interior elevator. Mr. Havener stated concerns over whether there was ever an intent for the 2nd floor to be utilized for an additional business, he believes that the original decision did not have intent for conversion of the 2nd floor for any thing else but storage for the existing restaurant. After continued review the Petitioner agreed to numerous conditions, including (but not limited to) the limitation of 107 seats for the restaurant, a sunset provision of 4 years, no
sales of Christmas Trees anywhere on the lot, hours of operation, submitting proposed signage for review and approval, architectural plans depicting elevations and means of egress for review and approval.
Action: Mr. Havener motioned to deny the application. No second to the motion.
Action: Ms. Godin motioned to approve the application, subject to conditions.
Mr. Dooling seconded the motion for approval.
Vote 4-1 to approve.
Yes- L Godin, T Dooling, M. Hickey, and P Mulkerron
No – R Havener
Time: 9:05pm
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: Attorney Richard Glaser for the Petitioners, Attorney Paul Galvani representing several abutters and Brian Wilson, Metrowest Engineering.
Voting Members: P Mulkerron, M Hickey, T Dooling, C Odunukwe, K Coughlin
Concerns/Discussion: The Board continued the review of this lengthy case. Mr. Hickey noted that based on the letter submitted from the BOH stating that their review of the newly introduced “Option B” has not been completed, the written decision will be conditioned that the Petitioner must satisfactorily comply with the BOH for their review and requirements of “Option B”. Mr. Makofsky agreed. Mr. Galvani, representing several abutters stated that the abutters have no objections to “Option B”, the Petitioners preferred option. Mr. Hickey introduced and thanked Town of Natick Project Engineer, John Digiacomo for attending the meeting. Mr. Digiacomo stated that “Option B” will potentially decrease storm water run off, have onsite storm water
infiltration system, and provide adequate water service. Mr. Hickey clearly reviewed all aspects of “Option B”. Mr. Glaser stated that to address the abutters concerns his clients understand all the components of “Option B”. Mr. Hickey addressing Mr. Galvani wanted to clearly explain that with his acknowledgment of the abutter’s agreement of approval of “Option B” that under “Option B” the Petitioners are solely responsible from O&M of the onsite drainage system, Mr. Galvani responded that he understands and acknowledges that to be true. The Board reviewed and finalized a multiple of items, including but not limited to:
· “Option B” is the preference of the Petitioners and abutters
· Onsite storm water infiltration system
· New sanitary sewer connection on Lowell Road, but no stormwater catch basins.
· Water connection on Dartmouth Road (subject to final approval from Town Board’s having jurisdiction over the matter)
· No Town responsibility for potential drainage problems, drainage issues must be resolved by the Petitioners
· No vehicle access via Lowell Road
· Vehicle access only via established easement on Dartmouth Road
· Installation of three trees by the Petitioners
Action: Ms. Godin motioned to approve the request, subject to conditions.
Mr. Odunukwe seconded the motion
Vote 5-0 to approve
P Mulkerron, M Hickey, T Dooling, C Odunukwe, K Coughlin
Time: 10:45pm
Petitioner: Isabella Stewart Gardner Museum
Petitioner’s Address: 2 Palace Road, Boston
Location of Subject Property: 42 Leach Lane
Maps ands Lot: 54:79, 80, 81, & 30D and 55:53
Case #: 2010-008
Relief Requested: Exceptions to parking requirements in order to construct a greenhouse
Audience: Case closed - Deliberations
Voting Members: M Hickey, P Mulkerron, L Godin, S Landgren and T Dooling
Concerns/Discussion: Several Board members expressed concerns, shared by the Building Inspector, that the intent of the Bylaw allowing greenhouses on residentially zoned lots were intended to sustain a family, not to be utilized by a 3rd party commercial use. Mr. Hickey stated that although Town Counsel’s opinion was that the greenhouse was an allowed use the fact that the greenhouse was to be utilized as a 3rd party commercial use was never addressed in his opinion letter. Several Board members also stated concerns with regards to the unwillingness by the Petitioners to work with the Board on several important issues introduced by abutters, other Town Boards and the Board members themselves. The Board noted that objections continued to mount with no input, alternatives,
suggestions or compromises from the Petitioners. After continued deliberations Mr. Hickey stated to the Board members he has crafted a motion.
Action: Mr. Hickey motioned to approve the request, subject to conditions.
Mr. Mulkerron seconded the motion
Vote: 4-1 to approve
Yes - M Hickey, P Mulkerron, L Godin, and T Dooling
No – S Landgren
Time: 11:00pm
Petitioner: Josh Katzen
Petitioner’s Address: 321 Speen Street
Location of Subject Property: 321 Speen Street
Map and Lot: 17:4C
Case #: 2006-023
Determination Requested: Insignificant or significant change to the issued Comprehensive 40B Permit
Audience: David Kelly – Kelly Engineering, for the Petitioner
Concerns/Discussion: Mr. Katzen reviewed that the Planning Board requested they reduce their original parking space numbers in order to create additional green space, they complied with the request. Mr. Katzen explained that in order to better accommodate the tenants they are proposing to take an existing landscape area, relocate the landscaping within the property and convert that area into an additional 14 compliant 9’x18’ parking spaces. Mr. Kelly reviewed the ample backing out ability of the vehicles parked in those spaces due to an 18 feet roadway. Mr. Katzen reiterated that no landscaping will be lost; the removed landscaping will be relocated. Mr. Mulkerron confirmed this was being done for the convenience of the tenants. The Board addressed potential safety concerns.
Action: Mr. Dooling motioned to approve the parking change as submitted with the determination that the change is insignificant and does not require the Petitioner to file a modification to the prior granted Comprehensive 40B Permit.
Mr. Odunukwe seconded the motion.
Vote 8-0 to approve (all present Board members)
M Hickey, P Mulkerron, R Havener, L Godin, S Landgren, T Dooling,
C Odunukwe and K Coughlin
Time: 11:15pm
Petitioner: Mary Anne Morse Nursing Home
Petitioner’s Address: 45 Union Street
Location of Subject Property: 45 Union Street
Map and Lot: 44:364
Case #: 2009-027
Decision Conditions Clarification/Review
Audience: No
Voting Members: R Havener, L Godin, S Landgren, T Dooling, and C Odunukwe
Concerns/Discussion: P Condlin requested the Board review a draft of the decision to confirm the correct verbiage of conditions. Additional clarification was requested as to allowable days and hours of construction and total number of allowable beds. All voting members were present and gave guidance to P Condlin in order to finalize the decision for signatures and filing.
Meeting Adjourned: 11:30pm
Meeting Minutes approved: May 10, 2010
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