Weymouth zoning board decision has residents upset. Why the decision has them up in arms

WEYMOUTH – Residents who live near a planned funeral home expansion say town officials did not do enough to protect their interests as neighbors impacted by the project.

They also question how two members of the zoning board could vote in favor of the project after previously voting against it, despite the specifications of the project not changing.

The zoning board recently granted a special permit for McDonald Keohane Funeral Home to build a 5,500-square-foot addition, which will nearly double the size of the business.

"They changed nothing," neighbor Shira Levine said. "The project is completely inappropriate. … How did five people vote that this project will not be detrimental to this quiet neighborhood? It’s impossible."

The board twice previously voted 3-2 in favor of granting the special permit for the expansion, but four votes were needed for approval.

The second vote was held after the funeral home appealed the first decision to state Land Court, leading to mediation between the funeral home and the town.

The proposal went back to Land Court after the board's second denial, leading to more mediation.

The funeral home and the town then filed a joint motion for another zoning board hearing. According to the motion, at least one board member was confused about the buildout of an entrance at the south side of the funeral home and whether the existing entrance would remain open.

At the third hearing, the board unanimously voted in favor of the special permit for the project. Two members who previously voted against the permit, Nicole Chin and Carston Snow-Eikelberg, gave no explanation for their change in position.

Chin and Snow-Eikelberg did not respond to emails seeking comment on their votes.

Neighbors say project doesn't meet necessary criteria

The expansion adds a 5,500-square-foot addition, which includes a hall with a seating capacity of 200 people that could be used for funerals or celebrations of life. The plan also calls for 16 exterior parking spaces, 11 of which will be in a residential zone and four garage spaces.

McDonald Keohane Funeral Home sought approval from the town to combine 809 Main St. with two adjoining lots behind it on Cypress Street to make the expansion possible. The town council has since adopted an ordinance prohibiting funeral homes from expanding into neighborhoods, but McDonald Keohane's plans were filed before the change.

Weymouth zoning bylaws outline the five criteria a project must meet to earn a special permit: The site has to be an appropriate location; the use will not be detrimental to the character of the neighborhood; it won't create nuisance or serious hazard to vehicles or pedestrians; the use will have adequate and appropriate facilities; and it will serve public convenience and welfare.

Levine said there is no question that a large events space behind the existing facility and next to neighboring homes with a "massive" amount of cars and people coming in and out will be detrimental to the neighborhood. She said people will line up for wakes and funerals at the south entrance, which is practically in people's back yards.

"We are frustrated because we feel Keohane could have built the addition in front but didn't want to ruin the pretty landscaping, but that's not fair," Levine aid. "They could do this project without ruining our neighborhood."

She said Mayor Robert Hedlund and Solicitor Richard McLeod told them they were doing what was in neighbors' best interests. Yet she said the town, in mediation, conceded to everything neighbors opposed, including having a primary entrance to the funeral home at the south side of the property, garage and parking spaces near neighboring homes.

The zoning board then approved the project as submitted, without any changes that neighbors say would have made the project less intrusive.

Attorney Jeffery Tocchio, who represented the funeral home, said the Keohane family considered multiple options and potential layouts for the expansion project. He said the approved plan solves “longstanding issues with existing operations” and shift other uses on the site away from neighbors.

Mayor says he won't 'second guess' zoning board members on decision

McLeod, the town solicitor, said the plans for the project initially added a staircase to an entrance on the south side of the building that currently exists today.

During meditation, McLeod said the Keohane family agreed to eliminate the stairs, and direct people to the existing main entrance at the front of the funeral home. The south side entrance will remain with a long ramp for handicap access.

"Both parties also agreed to conditions that will help monitor the operation of the funeral home," he said.

One of the conditions for the approval states, "The funeral home shall continue to use the front entry facing Main Street (Route 18) as a primary access for guests."

But Levine pointed to numerous discussions through the public hearing process where Tocchio said the south-side entrance will serve as a main entry point into the funeral home.

Mayor Robert Hedlund said the neighbors have some "valid concerns" and the funeral home has been operating at its current location for a long time and has certain rights.

"It was up to the board of zoning appeals to sort the issues out. Obviously people aren't happy with their decision but that's how the process worked out," he said. "I won't get into second guessing the BZA on this. They are much more involved in the elements of the proposal and the process."

Hedlund said he "can't speak" to the thought process of members. When asked if they could have been influenced to change their votes, he said "absolutely not from my office."

This article originally appeared on The Patriot Ledger: Weymouth zoning board reverses course, approves funeral home expansion