April 3, 2014
Minutes of Meeting
In attendance: PD, JS, AP, JD, BS, BW and JJ
LR
7:00
PD opened the hearing and welcomed new Alternate Member Jim Jeschke to the board.
Taft Estates 40B – 579 Pulaski Blvd.
Discussion – put on hold until May 1, 2104
Continuation – Brisson Street (87/31A) – Thomas Ginand
Variance Request
Sitting In: JS, PD, AP, MC and JD
LR read an email from the applicant seeking a continuation for the hearing until May 1, 2014.
AP motion to grant the continuance as requested.
JS second.
All in favor to grant the continuation to May 1, 2014.
Continuation – 870 -874 South Main Realty, LLC – Robert Chimeno
Special Permit for more than one principal use
Sitting In: JS, AP, JD, MC and BS
PD stated he was out of town when this was opened. JS was chairing.
JS stated that there was also a new hearing for a variance at this same property. The board questioned if the applicant wanted to withdraw the special permit request. The applicants’ attorney stated they would like to keep them both open at this time. JS explained that the applicant was issued a cease and desist for one use at this property due to the fact that they had 3 different uses. It was decided that PD would chair the variance request and they would keep the special permit on hold for now.
New – 870-874 South Main Realty, LLC – Robert Chimeno
Variance to allow more than 2 principal uses
Sitting In: PD, JS, AP, JD and BS
LR read the legal notice for the new hearing. It was agreed with all parties that the continuation request would remain open since both hearing pertained to the same address. The applicants’ attorney, Bill Sack explained that at this point it appeared that a variance request was the correct request. They applied for a Special Permit but at that meeting the board and town counsel felt this was the most appropriate. There are questions with multiple uses. There were concerns from abutters regarding the restaurant. A letter was presented by the abutters at the last meeting of March 6th with regards to the Goody restaurant being an allowed use here. Attorney Sack felt there were alot of non-concerns. PD stated that health agent was in attendance to answer any BOH questions and the other concerns were with
other departments that the zba couldn’t address. PD stated the ZBA's main issue was as to how the applicant would meet the criteria for a variance. Attorney Sack stated his client have decided they do not want to upgrade to a restaurant but would like a possible office space or 2 residential uses. Attorney Sacks felt that this property had a unique shape, traffic wouldn’t be an issue with either the offices or residential uses and it would not nullify from the intent and purpose of the bylaw. The board requested that the applicant be more specific as to what they wanted there, the exact uses. Attorney Sack stated Town Line Power, which is there now, and an office space within that business or a 2 family residential use. He felt that within section 2570, with what is there now, they could have office or residential. There is a single family house and a business there now. The board felt they should have a discussion with their attorney and
their neighbors, if they felt that was appropriate and then return with a more specific request in writing. It was stated they no longer are requesting the restaurant. The applicant requested a continuation to May 1, 2014
AP motion to allow for a continuation.
JS second.
All in favor to allow to continue both hearings on this property.
New - 1210 Pulaski Blvd. - New Cingular Wireless PCS, LLC. (AT&T)
Special Permit for wireless communication facility
Sitting In: AP, JS, PD, JD and BS
LR read the legal notice. All fees have been paid.
Attorney George Hall (GH), Karla Hanna, AT &T representative and Keith Gallante, engineer, were in attendance for this request. GH passed out a change of plan with utilities. (No gas line) He stated this proposal can accommodate 2 other carriers. The compound is designed to accommodate all their equipment as is the pole, which is regulated by the FCC. This is a large site, 18 acres, tall pine trees. The owner has an existing business on site and they would have to keep away from that. The applicant feels this is a good site due to the topography and the features they can use for this project. This would be a monopole at 100 feet in height. The board questioned the appearance of it in this area which is a concern. Also, the proximity to the any houses. It was stated that there was 100
feet from any houses. The health effects were also a concern. GH stated it was regulated by the FCC. A report is attached. It has a low power technology. It is taller to accommodate the interior and there are limitations at 100 feet. There were abutters in attendance with questions regarding property value, noise and health concerns. GH stated they would do a balloon test, showing photo stimulations. The board and abutters were invited to attend. LR would be in communications with scheduling. Some of the board members had questions to the ascetics, health concerns, and radio frequency impacts. (Visuals, noise and health) BS stated he would like a peer review done if possible. PD disagreed and felt it was unnecessary as the data was in front of them. The board felt it was their choice to request this. Attorney Hall stated they must follow specifications as they have to follow the Telecommunications Act. The majority of the board stated they would like this to be done
and have it in writing so they could review. PD stated they could ask counsel for his opinion if a peer review was reasonable. BS felt it was the boards right to request. The applicant was in agreement with a peer review if town council agreed. He would need who it was and an estimate. The board agreed to ask town counsel his opinion on a peer review. The applicant would be in touch with LR on the balloon test date. The applicant requested a continuation to May 1, 2014.
AP motion to allow a continuation.
JS second.
All in favor to allow to continue to May 1, 2014.
Discussion - Lakeview Estates - Fafard 40B Project
PD read the letter dated 4/1/14. The representative was in attendance seeking permission to construct the model homes for this project. The decision was reviewed as pertaining to #2, MA housing, #4, site plans, # 5, Public Works, # 9, house designs, # 13, mitigation agreement and also the DEP wetlands and order of conditions. The board stated they would like to confer with town counsel on these issues and get his opinion. He was sent a copy of the request. LR agreed to get in touch with Town Counsel Jay Talerman.
The board thanked Mario Castagna for his many years of service with the ZBA.
Meeting adjourned 10:00 PM.
Approved 5/1/2014
| 
