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HomeMy WebLinkAbout2008-10-23-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 23, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Associate Member David Williams. Staff present: David George, Zoning Administrator Petition Address: 40 Hartwell Avenue, Map 84, Lot 84A 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 communication facility. 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, Communication Advisory Committee and the Design Advisory Committee. Comments were received from the Conservation Administrator, the Zoning Administrator and the Communication Advisory Committee. Adam Braillard, attorney for Metro PCS explained to the board that there is currently, located at the site, a monopole with other wireless carriers. Metro PCS seeks to install six (6) panel antennas flush mounted in sectors on the monopole at 123 -ft. above ground level. The facility would contain, within the fenced area adjacent to the monopole, up to two (2) base transceiver systems (BTS), up to two (2) battery back -up cabinets, and one (1) power plant. A GPS antenna would be attached to one of the BTS cabinets. Related cabling would run inside the pole to the fenced enclosure. The board asked questions regarding the height of the antennas and whether the monopole could hold more antennas. Mr. Braillard indicated the antennas would not be highest on the pole. Other carriers are located at 130,140, and 150 -ft. The monopole may be able to hold more carriers. Also, the board asked about the agreement Metro PCS has with the landlord and the present use of the building. Mr. Braillard responded that Metro PCS has a site license to co- locate at the site. The present use of the building is a telecom switching station. A board member asked whether sufficient coverage could be achieved without using the 40 Hartwell site. Mr. Braillard indicated an overlap existed between the two facilities (40 Hartwell Avenue and 119 Wood Street). However both facilities were needed to guarantee continuous coverage for both voice and data transmissions. No abutters spoke in opposition or in support of the petition. The hearing was duly closed. October 16, 2008 ZBA Minutes 2 On a motion by Nyles Barnert and seconded by John McWeeney, it was voted 5 -0 by the board to approve the Special Permit subject to the following: 1. The term of the permit shall be for 15- years. Submitted by: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk October 16, 2008 ZBA Minutes 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 23, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Associate Member David Williams. Staff present: David George, Zoning Administrator Petition Address: 119 Wood Street, Map 59, Lot 66 The Chairman opened the hearing 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 communication facility. 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, Communication Advisory Committee and the Design Advisory Committee. Comments were received from the Zoning Administrator and the Communication Advisory Committee. Attorney Adam Braillard presented the petition for MetrPCS Massachusetts LLC. Attorney Braillard explained to the board that there is currently, located at the site, a high - voltage transmission tower formerly used another wireless carrier. Metro PCS seeks to install six (6) panel antennas flush mounted to the transmission tower (painted to match) at 79.3 -ft. above ground level. The facility would contain, within the fenced area adjacent to the pole, up to two (2) base transceiver systems (BTS), up to two (2) battery back -up cabinets, and one (1) power /telephone cabinet. A GPS antenna would be attached to one of the BTS cabinets. Accessory cabling would run along the pole to the fenced enclosure. The fenced area would have a vegetative buffer and an 8 -ft. tall fence. The board asked questions regarding visibility of the equipment and the distance of the facility to nearest abutters. Mr. Braillard indicated that he did not know if the equipment would be visible and estimated the distance from the equipment to nearest abutters would be 100 -ft. on and 160 -ft. respectively. Also, the board asked about screening of the equipment and location of the facility. Brian Wilson, for Metro PCS indicated that Metro PCS was agreeable to shielding the equipment shelter. The facility is closest to Wood Street. October 16, 2008 ZBA Minutes 4 Board members asked about wireless coverage and extent of build -out. Brian Eicens, for Metro PCS, indicated that there is overlap between the two facilities (40 Hartwell Ave and 119 Wood Street). However, both facilities were required to provide continuous coverage of data and voice transmissions. Mr. Eicens indicated that Metro PCS was a new carrier to the area and was developing its network. Abutters asked about activities occurring by NSTAR at the site. NSTAR was reported to be undertaking maintenance or replacement of its high- tension lines. A board member indicated the NSTAR activities were unrelated to the petition before the board. Abutters also asked whether conditions of another wireless facility had been met and expressed concerns if the conditions were not met. The abutter was advised that they might file a complaint with the Zoning Enforcement Officer. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was duly closed. On a motion by Nyles Barnert and seconded by Judy Uhrig, the Board voted 5 -0 to approve the Special Permit in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -77 A3 subject to the following conditions: 1. The landscaping at the base shall be maintained and replaced. 2. Landscaping shall occur all around the fenced area. 3. The applicant shall provide to the Zoning Board a landscaped plan suitable for screening as indicated above. 4. Post installation measurement (within 30 days of installation) of radiation output at abutting property lines. Measurement results to be submitted to the Zoning Board. 5. Term of the permit be 15- years. Submitted by: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk October 16, 2008 ZBA Minutes 5 OTHER BUSINESS: Other Business: 1. Approval of September 25, 2008 minutes. On a motion duly made and seconded, it was voted 5 -0 to approve the September 25, 2008 meeting minutes. 2. 2009 Zoning Board of Appeals Calendar On a motion made by Judy Uhrig and seconded by Nyles Barnert, it was voted 5 -0 to approve the 2009 Zoning Board Calendar. 3. Election of Officers On a motion duly made and seconded, it was voted 5 -0 to approve the following slate: Nyles Barnert, Chair; John McWeeney, Vice Chair; Lynne Wilson, Clerk; Dianne Cornaro, Administrative Clerk. 4. New Alternate Zoning Board of Appeals member The announcement of the new alternate Zoning Board of Appeals member, Steven Colman was made. 5. Zoning By -law Nyles Barnert indicated he would, on behalf of the ZBA, discus with the Planning Board certain potential changes to the zoning by -law. October 16, 2008 ZBA Minutes 6