Town of Natick - July 13

Zoning Board of Appeals Meeting Minutes

Date: July 13, 2009

Members in Attendance: Michael Hickey, Paul Mulkerron, Robert Havener,

Scott Landgren, Timothy Dooling and Chike Odunukwe

Members Absent: Laura Godin

Member Resigned: George Miller

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

Time Called to Order: 7:35pm

Time Adjourned: 11:45pm

Petitioner: Pulte Homes – South Natick Hills

Petitioner’s Address: 115 Flanders Road, Westboro, MA 01581

Location of Subject Property: South Main Street

Relief Requested: Document Approval

Voting Members: Mr. Hickey, Mr. Havener, Mr. Landgren, Mr. Dooling and

Concerns/Discussion: Mr. Havener reviewed for the Board that the Town of Natick 40B Attorney Adam Costa’s one issue, Mr. Costa requested MassHousing to change “promptly” to “within thirty (30) days”, Mr. Costa stated in him memo, “despite my urging, MassHousing struck my addition.” Mr. Costa also stated to Ms. Condlin that although the change was not made he recommends the Board sign the documents.

Action: Mr. Havener, noting proper authorization from the Town’s 40B Attorney, Adam Costa, to approve the following submitted documentation:

1. Restriction of Use of Emergency Access Way

2. Easement for Emergency Repairs

3. Regulatory Agreement

Mr. Dooling second the motion

Voting Members: Mr. Havener, Mr. Hickey, Mr. Landgren, Mr. Dooling and

Petitioner: Leila Childress

Petitioner’s Address: 7 Archer Drive

Location of Subject Property: 7 Archer Drive

Relief Requested: Special Permit to erect a 10 foot fence

Voting Members: Mr. Hickey, Mr. Havener, Mr. Mulkerron, Mr. Landgren, and

Concerns/Discussion: Members of the Board expressed some concern that the proposed fence would not lessen the sound of traffic as intended.

Action: Mr. Havener motioned to approve the Special Permit to allow for the installation of a 10 foot fence, subject to conditions. Mr. Mulkerron seconded the motion

Mr. Hickey, Mr. Havener, Mr. Mulkerron, Mr. Landgren 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: Special Permit and/or Use Variance to allow for a landscaping business to be an accessory use (#55) to the existing Nursery use.

Voting Members: Mr. Havener (acting Chair), Mr. Hickey, Mr. Mulkerron, Mr. Dooling and Mr. Odunukwe

Concerns/Discussion: Existing facility ability to accommodate a landscaping business, parking of vehicles, lighting, inventory of vehicles, dumpster placement, access to site, prohibited parking per ConComm, hours of operation, Board’s requirement for an updated accurate site plan.

Action: Mr. Havener motioned to continue the hearing until Sept 14, 2009 in order to receive additional clarifying information. Mr. Hickey seconded the motion.

Mr. Havener, Mr. Hickey, Mr. Mulkerron, 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 from the Building Inspector

Voting Members: Mr. Havener (acting chair) Mr. Hickey (replacing Mr. Miller),

Mr. Mulkerron, Mr. Dooling and Mr. Odunukwe

Concerns/Discussion: Petitioner requested that the Board continue the case to allow for a decision to the Special Permit and/or Use Variance request.

Action: Mr. Havener motioned to continue the hearing until Sept 14, 2009. Mr. Hickey seconded the motion.

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

Petitioner: Jason Makofsky

Petitioner’s Address: 8 Chester Street, Natick

Location of Subject Property: 12 Dartmouth Street

Relief Requested: Chapter 40A, Section 6 Finding

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

Action: Mr. Havener motions to accept the applicant’s request for continuance until the Sept 14, 2009 public hearing to allow him additional time to address concerns from the BOH and DPW departments. Mr. Mulkerron seconded the motion

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

Petitioner: Joe and Hillary Ferrazzi

Petitioner’s Address: 26 Oakland Street

Location of Subject Property: 26 Oakland Street

Map and Lot: 51:144 and 145A

Relief Requested: Variance from the side yard set back requirement

Voting Members: Mr. Hickey, Mr. Mulkerron, Mr. Landgren, Mr. Dooling, and Mr. Odunukwe (replacing Mr. Miller)

Concerns/Discussion: In view of the Board no legal ground to grant the Variance, hardship not established.

Action: Mr. Dooling motioned to deny the request. Mr. Landgren seconded the motion

Vote 5-0 to deny the request

Mr. Hickey, Mr. Mulkerron, Mr. Landgren, Mr. Dooling, and Mr. Odunukwe (replacing Mr. Miller)

Petitioner: Michael and Kristen Maichen

Petitioner’s Address: 43 MacArthur Road

Location of Subject Property: 43 MacArthur Road

Relief Requested: Variance (s) from the front and side yard set back requirements

Audience: Michael Hickey (Chair) 54 Park Avenue, speaking as a audience member stating his comfort level that the odd shape of the lot serves as a basis for establishing as the legal standard to grant the variance (s)

Voting Members: Mr. Dooling (acting Chair), Mr. Mulkerron, Mr. Havener (replacing Mr. Miller), Mr. Landgren, and Mr. Odunukwe

Concerns/Discussion: Revision of request to only require a Variance from the front yard set back requirement vs. both front and side yard set backs

Action: Mr. Havener motioned to deny the Variance from the side yard set back requirement and also motioned to approve the Variance from the front yard set back requirements, subject to conditions. Mr. Odunukwe seconded the motion.

Vote in favor of denying a Variance from the side yard set back requirement and the approval of a Variance from the front yard set back requirement was 4-1

Members vote to approve the motion – Mr. Dooling, Mr. Mulkerron, Mr. Havener and Mr. Odunukwe

Member vote to deny the motion – Mr. Landgren

Petitioner: James MacDonald and Richard Pratt

Petitioner’s Address: 11 South Avenue

Location of Subject Property: 11 South Avenue

Relief Requested: Special Permit to allow for off site parking

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

Action: Mr. Dooling motioned to approve the request to withdraw the application without prejudice. Mr. Mulkerron seconded the motion

Vote 6-0 to grant the request

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

Petitioner: James MacDonald and Richard Pratt

Petitioner’s Address: 11 South Avenue and 80 South Avenue

Location of Subject Property: 11 South Avenue and 80 South Avenue

Map and Lot: 44:17, 44:37

Relief Requested: Special Permit to allow for off site parking

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

Concerns/Discussion: The conversion of 11 South Avenue into residential apartments and the use of 80 South Ave as the offsite parking facility. Site plan review of the residential site and the parking site. Board, reviewing the Bylaw section V-9.12, noted that the proposed crushed stone 14 space parking lot is not allowed; parking for more than 10 spaces is required to be paved and have sufficient draining. Parking plan did not supply for handicap parking, also not allowed in a crushed stone lot. Board discussed the DRB recommendations but wanted clarification as to the kind of exterior windows preferred. Parking lots location in the recharge APD area.

Action: Mr. Havener motioned to continue the hearing until September 14, 2009 requesting the following:

1. Location of lighting for entrance/alley way

2. Parking crushed/paved – seek clarification from the BOH and DPW (both P Condlin and the applicant)

3. Parking lot lighting

4. Parking lot poles

6. Clarification from the DRB in regards to the exterior windows

7. Skylight, how many?

Mr. Hickey seconded the motion

Vote 5-0 to approve continuance

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

Mr. Havener motioned to approve the minutes from the June 8, 2009 hearing as submitted and reviewed.

Mr. Odunukwe seconded the motion

Vote 5-0 to approve as submitted

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

Mr. Hickey addressed the Board in regards to setting up a round table discussion with the PB, DRB, Downtown Natick Associates and the ZBA in regards to the development of the downtown Natick area.

Mr. Dooling expresses an interest to participate. Mr. Hickey will get back to Bob Foster.

Mr. Hickey addressed the Board to inform them that Associate Member, George Miller, has resigned due to obligations to his work. Mr. Hickey asked the other Board members if they know of any of their associates who would be interested to let them know to apply to the Selectman.