Franklin Zoning Board of Appeals
For Meeting Held On
Thursday, July 24, 2008
355 East Central Street
Franklin, MA 02038
Members Present
Bruce Hunchard
Robert Acevedo
Bernard Mullaney
7:30 & 7:31pm – 76 Grove St – The board does not have the proper members present to sit in
on the public hearing for 76 Grove Street. Motion by Bernard Mullaney to continue the public
hearing till August 7, 2008 at 7:35 for a special permit to allow auto sales, repair, motorcycle
repair and repair/rental and sales of heavy construction equipment and 7:36pm for a variance for
78.7% impervious area where up to 60% is permitted with a special permit and or variance if
necessary. Seconded by Robert Acevedo. Unanimous by the board.
7:35pm 54 Conlyn Ave.- No Abutters Present- Appearing before the board is Lila Swenson and
Ben Moore. Here with a revised plan showing a 6’ porch on the deepest end and proposing a
single story mudroom. Motion by Bernard Mullaney to close the public hearing. Seconded by
Robert Acevedo. Unanimous by the board. Motion by Robert Acevedo to grant a Five Foot
Sideline Setback “Variance” down to 15’ where 20’ is required for the single story mudroom for
the property located at 54 Conlyn Ave., Franklin, MA as shown on a plan entitled Plot Plan of
Land in Franklin, MA by Colonial Engineering, Inc. dated April 29, 2008 with Revised Date July
16, 2008. Seconded by Bernard Mullaney. Unanimous by the board.
7:40pm – 150 Brandywine Road - No Abutters Present - Appearing before the board is
homeowner Deric Peterson. Recently moved from Texas, ignorance on my behalf we had the
footings dug but we did not pull a permit. Nothing was built but we put the tubes in and stopped
once we found out. Motion by Bernard Mullaney to close the public hearing. Seconded by
Robert Acevedo. Unanimous by the board. Motion by Robert Acevedo to grant a “Special
Permit” for the proposed sundeck on a non-conforming lot with the stipulation the building permit
fee will be triple for the property located at 150 Brandywine Road as shown on a plan entitled
Proposed Deck Plan dated June 3, 2008 by Heritage Design Group. Seconded by Bernard
Mullaney. Unanimous by the board.
7:45pm – 60 Earl’s Way-Bell Atlantic Mobile of Mass.-No Abutters Present – Appearing
before the board is Dan Klasnick the attorney for the applicant. The hearing was continued so
you could answer the question why couldn’t you put flush mount antennas and also to provide
time for our consultant to review the data. Mr. Klasnick ask the board about the composition of
the board, the last time we were here there were five members present. Board-There are only
three members that vote. Response: Thank you for the clarification. Verizon Wireless RFP
Michael Creamer is present. Board-what’s wrong with flush mount? Response: It will provide
about ½ coverage. Appearing before the board is the towns hired consultant Howard Epstein
from Consolidated Spectrum Services. Howard-he will still receive 90% of coverage with the
flush mount. Also, when the tower was originally granted it was restricted to flush mount
antennas. Verizon clearly has a gap in it’s coverage. I believe that the use of flush mount
antennas will still achieve that coverage, all my data shows that. Howard reviews his report.
There is nothing to say that this site has to be maximized for coverage. They will need three flush
mount antennas for total of 6 flush mounts. Response: Dan Klasnick-If we have to install flush
mount we would install three. Proposed fencing will be chain link with privacy slats. Heather
Douglas with American Tower, we actually own the tower that Verizon is co-locating on and I
submitted the letter that is in front of you. Basically addressing one issue, the corrosion and
painting of the tower. The fence issue has been reviewed and the fence that is installed matches
what was originally approved so we are currently in compliance with our approval of zoning and
permitting. At this time we would respectfully request that the Board not hold up Verizon’s colocation on the site for any fencing changes they would prefer on the overall site. BoardAmerican Tower is willing to change the other fencing to chain link? Response: We are willing to
discuss it but not willing to make Verizon’s co-location contingent upon our change on the rest of
the site because they have agreed to comply with what you have requested. We want to
separate the two items. Board-We are not ready to make a decision so if you are to paint the
tower on July 31, 2008 we will not be holding up Verizon. Board-So if we have gone from twelve
antennas to three what does that do with the equipment on the ground? Response: No change
in the ground base equipment requirements. It remains a 12 by 30 equipment shelter, still need
the same space. New plans were submitted. Motion by Bernard Mullaney to continue the public
hearing till August 7, 2008 at 7:33pm. Seconded by Robert Acevedo. Unanimous by the board.
7:50pm–60 Earl’s Way-Thomas DiPlacido-No Abutters Present - Appearing before the board
is Tom DiPlacido from DiPlacido Corporation and Jim Sousa with United Consultants. Proposing
installation of a fuel tank to be used in Mr. DiPlacido construction operation. Will be located to the
rear of the building within an existing loading dock. Tank will be on a concrete pad will have selfcontained spill containment, tank inside a tank for spill containment. Heard there was a question
of spill containment during the filling. Mr. Sousa shows pictures of what the tank looks like. This
tank will be approximately 8 ½ feet high and will have a set of stairs coming up to it. Board-So it
does have a catwalk that gets up to the top? Response: Yes, it does. Board-How many gallons
does it hold? Response: The proposed tank is for 8 thousand gallons. Board-Can you provide
the drawings by August 7? Response: Yes. The board is in receipt of a letter dated July 15,
2008 from the Planning Board and read into the minutes. Motion by Bernard Mullaney to
continue the public hearing till August 7, 2008 at 7:45pm. Seconded by Robert Acevedo.
Unanimous by the board.
8:00pm –704 Washington St- Abutters Present- The board is in receipt of a letter dated July
22, 2008 from Attorney Richard R. Cornetta requesting a continuance till August 21, 2008. Also,
the board is in receipt of an Extension in Time till December 11, 2008. Motion by Bernard
Mullaney to continue the public hearing till August 21, 2008 at 7:30pm. Seconded by Robert
Acevedo. Unanimous by the board.
General Discussion - 3 Forest St – Appearing before the board is Lorraine Rojee from 3 Forest
Street looking to roof over the front door. Board-You already sit to close to the street. Will need
to file for a variance for dimensional relief and will need updated plans showing the proposed
entryway.
Eaton Place – Appearing before the board is Rachana Purohit representing Eaton Place 202 Inc.
on April 27, 2007 this Zoning Board approved a Comprehensive Permit to allow us to build a 50
unit senior housing project. Here to request an amendment to that permit. The permit included a
prevision requiring 70% local preference subject to the requirements and ultimate approval of
HUD. HUD formally rejected it. Spoke with Mr. Nutting about this and I believe that we can get
30% approved. Here to request that the 70% be 30% in the Comprehensive Permit. The other
comment HUD made that effected the permit is deleting Clause B as to the definition of local
resident, which is the parents of Franklin Residents according to the HUD definition. The third
request is the Zoning Board affirm the completion of the final approval which was completed and
approved on Feb. 21, 2008. Motion by Bernard Mullaney to consider this a minor modification to
the original Comprehensive Permit. Seconded by Robert Acevedo. Unanimous by the board.
Motion by Bernard Mullaney to amend the original Comprehensive Permit for Eaton Place 202
Inc. Section 5 of the Original Permit is amended as follows: a. replacing "seventy percent (70%)"
with "thirty percent (30%)"; and deleting clause (b). Final Plans. The plans submitted to the
Board by the Applicant on or about February 6, 2008 and previously reviewed and discussed by
the Board at its meeting on February 21, 2008 have been approved by the Board and determined
to satisfy all requirements of the Original Permit relating to final definitive plans. Seconded by
Robert Acevedo. Unanimous by the board.
The board is in receipt of a letter dated July 14, 2008 (see attached) from Dave Roche
Building Commissioner/Zoning Enforcement in regards to 121 Longhill Road Cellular Tower
Screening.
Motion by Beranrd Mullaney to approve the minutes of July 10, 2008. Seconded by Robert
Acevedo. Unanimous by the board.
Motion by Bernard Mullaney to approve the minutes of June 19, 2008. Seconded by Robert
Acevedo. Unanimous by the board.
Motion by Bernard Mullaney to close the public hearing. Seconded by Robert Acevedo.
Unanimous by the board.