2011-04-28- ZBA-Min - Laserfiche WebLink

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BOA Meeting April 28, 2011 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 28, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Associate Member Nancy M. Adler - Martha C. Wood accused herself from this hearing. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 1475 Massachusetts Avenue, Map 48, Lot 276A Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; elevations; photographs; RF Documentation, FCC Underlying Lease and Photo simulation. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator, the Historic Districts Commission Clerk, Design Advisory Committee and the Communications Advisory Committee. Comments were received from the Historic Districts Clerk, Design Advisory Committee, Communications Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 7:45 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Edward Pare presented the petition for the applicant, New Cingular Wireless PCS, d/b/a AT&T Mobility. Also present was Kevin Brewer the Radio Frequency Engineer with AT&T. The applicant is requesting a Special Permit in accordance with 135-88 C (2) (a) of the Zoning Bylaw to allow modification of a Wireless Communication Facility. A Board member asked if New Cingular Wireless had sent a 30 day notice to each of the residents as required in the By-laws. The applicant responded that the residents were notified by our office. Board members asked about the equipment and if the equipment/boiler room was secure. The Chairman explained that the Board of Appeals is not allowed to inquire about Health issues pertaining to wireless facilities. The applicant’s Attorney stated the facility will comply below FCC standards. Sarah Springer of Unit 116 questioned the request for a waiver of the notice sent to the abutters and wanted to know the difference between a dwelling and multi-family. The Zoning Administrator explained the waiver for the 30 day notice by the applicant.