ZONING BOARD OF APPEALS
APRIL 19, 2006
PRESENT: Bruce Simpson, Michael Kulesza, Robert Garrity, John Burke, Lorraine Sweeney
ABSENT: Elissa Flynn-Poppey, Martin Murphy
The duly posted meeting of the Zoning Board of Appeals convened at 7:30 p.m.in room 105C in the Norfolk Town Hall.
The Board reviewed applications that would be scheduled for a May 17, 2006 hearing.
Frederick and Cynthia Souza – 40 Priscilla Avenue – Variance from section E.1.b.… The applicants propose an addition that will encroach approximately 2.6 feet into the rear setback where 25 feet is required. The applicants, Mr. and Mrs. Souza stated that they will have a corrected site plan in time for the public hearing. The applicants stated that the certified abutters list would be finished by tomorrow. The Board suggested that the applicants bring in a copy of the assessors map to show the board the lot with relation to other lots in the area and any other documentation that would show the age of the house. All other documents and fees were submitted with the application. Mr. Garrity made the motion to accept the application and schedule a hearing on this matter
for May 17, 2006 at 8:00 p.m. Mrs. Sweeney seconded the motion. The vote on the motion was unanimous.
Little Pine Ralty Trust – 23 Park Street –Variance from Section E.1.c.5. The applicant Jack Scott and his representative Richard Goodreau from United Consultants were present. The applicant requests a variance to allow for an access to a lot to be from a non-frontage road (Toils End). Mr. Scott stated that he will bring in photos of the frontage of the lot. The Board recommended that evidence that Toils End is a road be brought to the Board. A faxed letter from Attorney Paul Vozella on this matter was received just before the meeting. A copy of the letter was copied and disseminated to the Board members and to Mssrs. Scott and Goodreau. Mr. Garrity made the motion to accept the application and schedule the public hearing for May 17, 2006 at 8:15 p.m. Mrs. Sweeney seconded the motion. The vote on the motion was unanimous.
The Board commenced the appointment with Attorney Adam Braillard and Chris Dwight, representatives of Cingular Wireless, PCS, LLC. Also present was Allan Shaw, the vice chairman of the Norfolk Conservation Commission. Mr. Braillard stated that Cingular is proposing to modify the location of its cell tower equipment pad at the Dean Street location. A special permit was issued to Cingular Wireless in October of 2005 (Case #2005-12). An 11 inch by 17 inch plan depicted the approved location and the proposed equipment pad modification. Mr. Braillard stated that the underlying property owner is Dean Street Realty Trust. Boston Edison has an easement on this property.
Mr. Braillard noted that an agreement was made by the original wireless company to locate the wireless communication facility at this location 5 or 6 years ago and that agreement was never commenced. When Cingular Wireless merged with the original wireless company they found that the agreement was not valid. The location of the equipment pad will still be located within the easement but it will be smaller, more compact and pervious due to its material.
A corner of the steel grated equipment pad would be located within the 100 foot buffer of the 100 year floodplain and within the second riparian zone of the Riverfront Area. There would be no impact the 100 year flood zone itself. The raised grated equipment would not be located within the 100 foot buffer zone of the Bordering Vegetated Wetland. The pad would be surrounded by a stockade fence but they would not be able to install the vegetation screening. They would be able to comply with all other conditions of the special permit.
Mr. Shaw stated that since the equipment pad is still located within a resource the Commission should review the plan and its impacts.
The previous enclosure measured 12 feet by 20 feet. The new enclosure would be 15 feet by 10 feet. Mr. Simpson noted that the special permit decision incorporates the Order of Conditions issued by the Norfolk Conservation Commission as a condition by reference.
This matter will be left open until they have contacted the Conservation Commission to determine whether they will require a modification to the Order of Conditions.
Mrs. Sweeney made the motion to continue the request of Cingular Wireless to May 17, 2006 at 8:16 p.m. Mr. Garrity seconded the motion. The vote on the motion was unanimous.
The Board adjourned the business meeting at 8:00 p.m. to conduct the public hearing for Norfolk Landing. The public hearing adjourned at 8:50 p.m. and did not re-adjourn into the business meeting.
_______________________________,
Robert J. Garrity, Clerk
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