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HomeMy WebLinkAbout2008-09-25-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 25, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson and Associate Member John T. Gilbert Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: Morgan Road, Map 50, Lot 20 The Chairman opened the hearing at 7:30 PM by reading the legal notices and described information received from the petitioner relative to the petitions. The relief sought is for a Special Permit to install, operate and maintain a wireless communications facilitate. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator, the Planning Board, the Communication Advisory Committee and the Design Advisory Committee. Comments were received from the Communication Advisory Committee, the Design Advisory Committee and the Zoning Administrator. Attorney Adam Braillard, presented the petition for Metro PCS Massachusetts LLC. Also present at the hearing to answer questions were the Metro PCS Acquisition Manager, David Archambault and Brian Eicens from the Radio Frequency Department. Currently located at the site is a water tower. Five (5) other wireless facilities are currently located on the tower. The petitioner seeks to install six (6) panel antennas, two (2) base transceiver systems (BTS) located on a 10 -ft. by 16 -ft. equipment shed, up to two (2) battery back -up cabinets, a GPS antenna, and related cabling. The panel antennas would be installed in three (3) sectors of two (2) antennas each on the side of the water tower at 105 -ft. above grade level. Two sectors would be located on the larger tower. The other sector would be located on the smaller tower. The BTS cabinets and battery back -up cabinets would be located at the base of the tower in a fenced in area. The GPS antenna would be located at the top of the water tower. The cabling would run inside the cable tray on the side of the water tower to the antennas The Board asked the petitioner to explain the cabinetry for the equipment and asked about noise specfications. The Chairman of the Board commented that the Board would be issuing the Special Permit for 15 years instead of the 25 requested. At the hearing Attorney Braillard presented the Board with a noise specification report. There were no questions from the audience. No one spoke in favor of the petition. September 25, 2008 ZBA Minutes 2 No one spoke in opposition of the petition. The hearing was closed at 7:44 pm. On a motion by Carolyn C. Wilson and seconded by Nyles N. Barnert , the Board voted 5 -0 to grant the special permit to install, operate and maintain a wireless communications facility at Morgan Road, Map 50, Lot 20 with the following conditions: 1. This special permit is for a period of fifteen (15) years and will expire on September 30, 2023. 2. The cover of the coax cable shall be painted to match the water tank. Submitted by: Dianne Cornaro, Administrative Clerk September 25, 2008 ZBA Minutes 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 25, 2008 Board Members Present: Chairman — Arthur C. Smith, Niles N. Barnert, John J. McWeeney, Carolyn C. Wilson and Associate Member John T. Gilbert Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 265 Lowell Street, Map and Lot: 37 -82 The relief sought is for a special permit to allow a freestanding sign at the entrance to the school The Chairman opened the hearing at 7:45 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator, The Planning Board and the Design Advisory Committee. Comments were received from the Design Advisory Committee and the Zoning Administrator. Angelo Serino of SignArt presented the petition for the Lexington Prep School. Mr. Serino presented a sample of the sign foam material that will be used for the sign. The petitioner seeks to install one (1) externally illuminated standing sign fifty -six (56) feet from the entrance to the site. The sign would be 66 -in. tall by 60 -in. wide. The sign would be made from high- density foam with carved and painted graphics. The illumination type is one 150 -W quartz halogen light. The applicant indicates that there currently is no sign for the site and a sign is required to direct visitors, employees, and students to the site. The Board questioned the illumination of the sign. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing closed at 7:56 PM. September 25, 2008 ZBA Minutes 4 On a motion by Nyles N. Barnert and seconded by Carolyn C. Wilson, the Board voted 5 -0 to grant the special permit to allow a free- standing sign at the entrance to the Lexington Prep School at 265 Lowell Street with the following conditions: 1. The sign shall not be illuminated after 9:00 PM unless an evening activity is occurring. In that case, lights will be turned off after the activity ends. 2. The sign shall be the dimensions as shown on the plan submitted with the ZBA application. Submitted by: Dianne Cornaro, Administrative Clerk September 25, 2008 ZBA Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 25, 2008 Board Members Present: Chairman — Arthur C. Smith, Niles N. Barnett, John J. McWeeney, Carolyn C. Wilson and Associate Member John T. Gilbert Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 321 Woburn Street, Map and Lot: 46 -37 The relief sought is for a Special Permit in accordance with section 135 -16A, line 9.12 of the Zoning Bylaw to allow fast food or takeout food service business serving enough food to comprise a meal. The Chairman opened the hearing at 7:56 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen, Zoning Administrator and The Planning Board. Comments were received the Health Department, Selectmen's and the Zoning Administrator. Attorney John Farrington presented the petition for the applicant Timothy P Enright, d /b /a Aunt Mary's. The applicant seeks to open a fast food or takeout food service serving enough food to comprise a meal in a 900 sq. ft. retail space. The food would be prepared off site and brought to the store. Prior to the proposed use, the retail store was used by a "Pasta to Go ", a similar use as that proposed. The applicant indicates that hours of operation would be 7 AM to 10 PM and would have 4 employees. Also, the applicant in its submission materials indicates that sufficient parking exists for this use and for all uses combined. The Board asked the petitioner what was being done to control odors, how the prepared food would be delivered and if they were planning on serving breakfast. The Board discussed the parking area with the petitioner. On a motion by Carolyn C. Wilson and seconded by John T. Gilbert, the Board voted 5 -0 to grant the Special Permit to Timothy P Enright, d /b /a Aunt Mary's for a period of one year with the following conditions: September 25, 2008 ZBA Minutes 6 1. Hours of operation shall be 7:00 am until 10:00 pm, seven days a week. 2. Special Permit is for a period of one year and will expire one year from the date of occupancy permit. The petitioner shall notify the Board of Appeals Clerk as to the date the business obtains occupancy permit. 3. Applicant shall be responsible for renewing special permit 8 weeks before the expiration date as determined by the date of occupancy permit. 4. Proper ventilation equipment shall be maintained to minimize cooking odors. 5. Additional trash receptacles shall be provided if required, and the area in front of the establishment shall be kept free of litter from the food operation. 6. The dumpster will be maintained and emptied as needed to meet Board of Health regulations. Submitted by: Dianne Cornaro, Administrative Clerk