Town of Natick - May 11, 2009

Zoning Board of Appeals Meeting Minutes

Members in Attendance: Mr. Mulkerron, Mr. Havener, Mr. Hickey, Mr. Dooling,

Mr. Miller and Mr. Odunukwe

Members Absent: Ms. Godin and Mr. Landgren

Location of Meeting: 3^rd Floor School Committee Meeting Room

Time Called to Order: 7:30pm

Time Adjourned: 12:30am

Mr. Havener motions to approve the meeting minutes from the April 6, 2009 public hearing.

Mr. Mulkerron seconds the motion

In favor of approval 5-0

Mr. Havener, Mr. Mulkerron, Mr. Dooling, Mr. Miller, and Mr. Odunukwe

Petitioner: Kevin Della Penna on behalf of Jehovah’s Assembly Hall

Petitioner’s Address: 71 Calumet Road, Methuen, MA

Location of Subject Property: 85 Bacon Street

Relief Requested: Actual representation of fence to be installed for approval

Voting Members: Mr. Havener, Mr. Mulkerron, Mr. Hickey, Mr. Dooling, and Mr. Odunukwe

Concerns/Discussion: Fence approval

Action: Mr. Hickey motions to approve the fence as represented and requests Mr. Della Penna to supply Community Development Office with either the name of the fence or the model number in order to add that information into the written decision. Mr. Della Penna agrees. Mr. Mulkerron seconds the motion.

Vote in favor to approve the fence 5-0

Mr. Hickey, Mr. Mulkerron, Mr. Havener, Mr. Dooling and Mr. Odunukwe

Petitioner: Brochu Brothers

Petitioner’s Address: 226 South Main Street

Location of Subject Property: 226 South Main Street

Map and Lot: 59:54 and 60:36C

Relief Requested: Vacate Cease and Desist issued by the Building Inspector

Audience: Larry Forshner, 9 Keane Road; Steve Hunter, 12 Dartmouth; John Ciccariello, 17 Sunshine Ave; John Connolly, 6 Allen St; Jack Hayes – 218 South Main Street;

Voting Members: Mr. Mulkerron, Mr. Havener, Mr. Dooling, Mr. Miller, and Mr. Odunukwe

Concerns/Discussion: landscaping business – ancillary use, percentage of nursery business vs. landscaping business, how many commercial trucks are being parked at this site, abutters support, allowed or not allowed, how to proceed for a resolution.

Action: Mr. Havener motions to continue the hearing until July 13, 2009 to allow for the Petitioner to file an additional application to apply for the required relief in order to allow for the parking of commercial vehicles at this residentially zoned property.

Petitioner: Jason Makofsky and Kelly McQueeney

Petitioner’s Address: 8 Chester Street, Apartment #1, Natick

Location of Subject Property: 12 Dartmouth Street Rear

Relief Requested: Chapter 40A, Section 6 Finding

Audience: Steven Hunter, 12 Dartmouth Rear (current owner); Edward Devereaux, 19 Lowell Road; Kathy Kessel1, 18 Lowell Road; and Larry Drolet, 14 Lowell Road

Voting Members: Mr. Mulkerron, Mr. Havener, Mr. Hickey, Mr. Dooling, and Mr. Odunukwe

Concerns/Discussion: extensive drainage concerns from both the Natick Board of Health and Department of Public Works

Action: Mr. Havener motions to continue the pubic hearing to July 13, 2009 in order to allow for the Petitioner to meet with the Board of Health and Department of Public works to address their concerns and to determine want their requirements will be to construct the new single family home.

Petitioner: Omnipoint Holdings, Inc

Petitioner’s Address: 50 Vision Blvd, East Providence, RI 02914

Location of Subject Property: 42 Leach Lane

Relief Requested: Height Variance for the installation and operations of free standing wireless communications tower

Audience: Gino Cosmini, 12 Brook Street; Harold Legg, 8 Brook Street; Richard Shatzman, 20 Brook Street, Walter Soper, 10 Mathew Court; Nancy Nettleton, 3 Rolling Lane

Voting Members: Mr. Havener, Mr. Hickey, Mr. Dooling, Mr. Miller, and Mr. Odunukwe

Concerns/Discussion: Petitioner issued Special Permit from the Planning Board for the cell tower, and the ZBA issue a height variance, Petitioner appealed the Planning Boards decision in regards to mitigation fees, and variance lapsed, no extension requested, same request as prior case. Access to and from the cell tower, construction schedule, height, visual impact, size of cabinet, number of and who the potential carriers are, other possible locations investigated.

Action: Mr. Havener motions to close the hearing and informs the Petitioner that the Board will take the application under advisement. Mr. Hickey seconds the motion.

Petitioner: Richard Cantelli and Jeff Vellia

Petitioner’s Address: 147 Marlborough #3, Boston

Location of Subject Property: 6 College Road

Relief Requested: Chapter 40A Section 6 Finding

Audience: Nancy Nettleton, 3 Rolling Lane

Voting Members: Mr. Mulkerron, Mr. Havener, Mr. Dooling, Mr. Miller, and Mr. Odunukwe

Concerns/Discussion: Properties spilt town zoning, half the property is in Wellesley, half in Natick, utilities access and supplied by Wellesley, size of proposed new dwelling, construction schedule, aesthetics of new dwelling, materials of construction, potential water run off from new roof.

Action: Mr. Havener motions to approve the Chapter 40A, Section 6 Finding to allow for the razing of the existing single family dwelling allowing for the construction of new single family dwelling, subject to conditions.

Vote: 5-0 to approve

Petitioner: Richard Connors

Petitioner’s Address: 14 Richmond Road, Natick

Location of Subject Property: 52 Fairview Avenue

Relief Requested: Chapter 40A, Section 6 Finding

Audience: Daniel Feeley, 61 Fairview Avenue, Karen Parmenter, 54 Fairview Avenue

Voting Members: Mr. Mulkerron, Mr. Hickey, Mr. Dooling, Mr. Miller, and Mr. Odunukwe

Concerns/Discussion: size of the proposed new dwelling, surrounding neighborhood configuration

Action: Mr. Hickey motions to continue the hearing until June 8 in order to allow for the ability for several of the Board members to view the property and neighborhood. Mr. Mulkerron seconds the motion.

Petitioner: Tom and Melinda Sawyer

Petitioner’s Address: 5 Purington Avenue

Location of Subject Property: 5 Purington Avenue

Relief Requested: Variance and/or Finding

Voting Members: Mr. Havener, Mr. Mulkerron, Mr. Hickey, Mr. Miller, Mr. Dooling and Mr. Odunukwe

Concerns/Discussion: Petitioner submitted a request to withdraw their application with out prejudice.

Action: Mr. Havener motions to grant the withdraw of the petition without prejudice, Mr. Mulkerron seconds the motion

Vote 5-0 in favor to allow the withdraw of the petition without prejudice

Petitioner: Peter Barbieri on behalf of Brigham Gill

Petitioner’s Address: 161 Worcester Street, Framingham

Location of Subject Property: 817 Worcester Street

Map and Lot: 19:21A and 19:22J

Relief Requested: Variance to allow for the display and parking of vehicles at the auto dealership

Voting Members: Mr. Havener, Mr. Mulkerron, Mr. Hickey, Mr. Dooling, and Mr. Odunukwe

Concerns/Discussion: Hardship – relying on the towns’ endorsement of and incorrect ANR plan resulting in an inaccurate depiction of the properties lot line. Petitioners original application also requests a Special Permit for off site parking, subsequently it was determined the Planning Board has jurisdiction over that matter and have/will grant that relief, written decision must reflect the Petitioners request to withdraw without prejudice the request for the Special Permit.

Action: Mr. Hickey motions to approve the variance to allow for the display and parking of vehicles at the dealership. Mr. Mulkerron seconds the motion

Vote: 5-0 in favor to grant the variance

Action: Mr. Hickey motions to grant the withdraw without prejudice the request for a Special Permit to allow for off site parking. Mr. Mulkerron seconds the motion

Vote: 5-0 in favor to grant the withdraw without prejudice the Special Permit to allow for off site parking.

Petitioner: Omnipoint Holdings, Inc

Petitioner’s Address: 50 Vision Blvd, East Providence, RI 02914

Location of Subject Property: 42 Leach Lane

Relief Requested: Height Variance

Audience: (see above)

Voting Members: Mr. Havener, Mr. Hickey, Mr. Dooling, Mr. Miller, and Mr. Odunukwe

Concerns/Discussion: past granted relief, location, Petitioner’s attempt to locate other locations, gaps of coverage and additional coverage, parking for maintenance work, fence height, cabinet size, FCC, other cell towers in Natick, aesthetics of proposed tower, number of carriers hardship-gap in service, lack of coverage shows a need to fill the void to provide reliable service

Action: Mr. Havener motions to grant the height variance to allow construction of a cell tower not to exceed 125 feet, and subject to additional conditions. Mr. Mulkerron seconds the motion.

Vote: 5-0 granting the height variance

Time: 11:50 - Reorganization of the Officers of the Board

Voting Members: Mr. Mulkerron, Mr. Havener, Mr. Hickey, Mr. Dooling and Mr. Odunukwe

Mr. Havener motions to appoint Mr. Hickey as Chairman

Mr. Mulkerron seconds the motion

Vote: 5-0 in favor of appointing Mr. Hickey as Chair

Mr. Hickey motions to appoint Mr. Havener as Vice Chair

Mr. Dooling seconds the motion

Vote: 5-0 in favor of appointing Mr. Havener as Vice Chair

Mr. Havener motions to appoint Mr. Mulkerron as Clerk

Mr. Hickey seconds the motion

Vote: 5-0 in favor of appointing Mr. Mulkerron as Clerk

12:15am Meeting Adjourned