Zoning Board of Appeals
June 5, 2014
Minutes of Meeting
In attendance: PD, AP, JS, BS, BW and JJ
LR
Absent: JD
7:00 PM
Discussion – Taft Estates – 579 Pulaski Blvd.
The owner, Timothy Jones was in attendance. The board and owner discussed the status of the project. TJ stated he would be asphalting soon. The infrastructure was done. He has been in touch with Town Counsel. They are waiting for the regulatory agreement from the state. The application was been confirmed with Tony Hall from the state. She has been on vacation. Town Counsel will have to confirm if building can begin without the Regulatory Agreement in hand. TJ hopes to have more information by the next ZBA meeting.
Continuation – Brisson Street (87/31A) – Thomas Ginand
Sitting In: JS, PD, AP, JD and BS (replaces MC)
The applicant, Mr. Ginand and his attorney were in attendance. A plan dated March 1949 was presented which shows the ROW. Attorney Richard Wainwright (RW) explained this was originally one piece of land that was divided by 2 brothers, they cut it into two. The applicant has no frontage to access his property. He could go to PB for a one lot subdivision but the street would be going through wetlands. He states there is a hardship as the plan shows that the applicant would have to go through the entire buffer zone. They would like to build the home outback and have the frontage waived. Attorney Ambler was in attendance to represent the neighbor. He stated that this was not a public road and there is no frontage. He stated they have tried to negotiate at great lengths with the applicant
but they cannot seem to come to an agreement. Mr. Ginand stated they could not work out an agreement as he felt it was too much money and too many restrictions in to his own land. Attorney Ambler stated you cannot get frontage from a ROW. The board wanted the applicant to show proof of how it fits the criteria for a variance request. Attorney RW stated it was due to topography. In order to build a road they would have to come in through Roberts Street and go through wetlands. PD stated they must show how it relates to section 1322 A, B and C. (which is now section 240-12) Attorney RW stated that 1: if he can build it is worth something, if he cannot then worth nothing 2: Topography – so many wetlands 3: no detriment to the public as there are 5 acres for one house and 4: it doesn’t derogate from the intent or purpose of the bylaw as it is one more home on the street with substantial acreage. Attorney Ambler states the only frontage he
has is on Roberts Street and the board doesn’t have the right to grant frontage. Attorney RW felt that they had 40’ frontage on Roberts Street which would be sufficient to grant. The mixed opinions continued and it was agreed upon that the board would ask Town Counsel if they had the right to grant a variance when it starts at zero frontage. The board stated that they must go by the town rules and not by what went on civilly between land owners. The applicant asked for a continuation.
PD - Motion to grant to July 17th.
AP – Second
All in favor to grant to the next meeting on July 17, 2014 at 7:00 PM.
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 (BW replaced MC)
Continuation – 870-874 South Main Realty, LLC – Robert Chimeno
Variance to allow more than 2 principal uses
Sitting in: PD, JS, AP, JD and BS
The applicant asked for a continuance (in writing) for both pending hearings until the next meeting on 7/17/14 as their attorney was out of town. They would be putting in a new request and needed time to prepare.
AP motion to continue as requested.
JS second.
All in favor to continue to July 17, 2014 at 7:00 PM.
Continuation – 1210 Pulaski Blvd. – New Cingular Wireless, PCS LLC
Special Permit for a wireless communication facility
Sitting In: PD, JS, AP, BS and JD (JJ for JD)
George Hall (GH), representative for Cingular Wireless submitted a proposal showing the different locations for the cell tower. There was balloon testing done, which the board attended, to see what the best location would be. Some of the board members felt location 3 was the best choice. GH explained that he spoke with the landlord and he would not grant for location 3 as he felt it was too much of an impact on himself and his neighbors. The board was concerned about impacts on the neighbors. Each location and its affects and/or benefit was discussed in detail. The applicant provided photo simulations that included each location and photographs of the actual tower. BS was concerned about the site of the tower. He requested a plan showing how they intended to screen the facility.
AP motion to close.
PD second.
All in favor to close the hearing.
AP motion to grant the Special Permit as requested for a 100’ mono-pole wireless communications facility on location 2 of the property subject to the applicant providing a diagram and full description of the screening for the facility.
PD second.
All in favor to grant the Special Permit as requested subject to the approval of diagram of plantings that will be provided at the meeting on July 17, 2014.
Discussion – Lakeview Estates – Fafard 40B Project
The applicant was in attendance to discuss being allowed to go forward with construction of the model homes on Geordan Avenue. JS stated that the applicant SCR has provided satisfactory evidence for 5 of the conditions (#’s 4, 8, 13, 19) with only one condition (# 2) not being met as the MA housing does not normally grant until the project is completed in full. In addition the board decided to limit the hours of operation for showing of the homes to be 7 days a week, 10:00 am to 6:00 pm. Lighting will be kept within the residential regulations of the town and signage will be kept within the existing bylaw of the town.
PD motion to allow the construction of the model homes with the conditions as summarized.
AP second.
All in favor to approve as requested. There will be a 20 day appeal period.
Minutes
May 1, 2014
JS motion to accept the minutes as amended.
AP Second.
All in favor to accept the minutes.
Meeting Adjourned at 9:30 PM.
Approved 7/17/2014
Paste or type minutes here
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