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HomeMy WebLinkAbout2010-04-08-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 8, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Arthur C. Smith, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 86 Oak Street, Map 13, Lot 239 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 and the Historic Districts Commission Clerk. Comments were received the Zoning Administrator. A petition of support signed by 7 abutters was received with the application. The Chairman opened the hearing at 7:30 pm by reading the legal notice and described information received from the petitioner relative to the petition. Jochen Steinbrecher, owner of the property, presented the petition. The applicant is requesting a special permit in accordance with section 135-32C to replace existing non conforming steps within the same footprint. The Board had no questions for the applicant. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:34 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to GRANT the SPECIAL PERMIT from CH 135 of the Code of the Town of Lexington (Zoning By-Law) § 135-32(C) in conjunction with §135-11 to allow reconstruction after demoliton a portion of a non-conforming structure at 86 Oak Street. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, April 8, 2010 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 8, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Arthur C. Smith, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 191 Spring Street, Map 12, Lot 13A 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, Historic Districts Commission Clerk and the Communications Advisory Committee. Comments were received from the Selectmen’s Office, the Communication Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 7:35 pm by reading the legal notice and described information received from the petitioner relative to the petition. David Archambault presented the petition for Clearwire. The applicant is requesting a Special Permit in accordance with section 135-88 (1) and 135-88 C (3) to install a wireless broadband facility. The applicant proposes to add additional antennas and equipment at the site, per plans submitted with the application. The Board had no questions for the applicant. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:39 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5- 0 to approve the special permit, authorized under § 135-88C(3) in accordance with § 135- 11, § 138-88A(1)(d), and § 135-91G(1) to install, operate and maintain a wireless communication facility at 191 Spring Street subject to the following conditions: 1.The term of the permit shall be 15-years. 2.The installation shall be constructed in conformance with the plans submitted with the application. 3.This special permit will expire on April 8, 2025. . Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, April 8, 2010 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 8, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Arthur C. Smith, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 75 Concord Avenue, Map 3, Lot 1A 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 and the Historic Districts Commission Clerk. Comments were received from Conservation, the Selectmen’s Office, the Communication Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 7:40 pm by reading the legal notice and described information received from the petitioner relative to the petition. David Archambault presented the petition for Clearwire. The applicant is requesting a Special Permit in accordance with section 135-88 A(1), 135-91G (1) and 135-88 C (2) (b) to install a wireless broadband facility. The Board had no questions for the applicant. Steve Heinrich of 11 Potter Pond Road asked if there were going to be additional towers, asked about health hazards from transmissions and if they expected any interference to televisions in the area. The applicant told him Clearwire would be using the existing towers and AJ Sawant, the Radio Frequency Engineer for Clearwire; addressed Mr. Heinrich’s other questions. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:48 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5 to 0, to approve the special permit, authorized under § 135-88C(2)(b) in accordance with § 135-11, § 138-88A(1)(c), and § 135-91G(1) to install, operate and maintain a wireless communication facility at 75 Concord Avenue subject to the following conditions: BOA Meeting, April 8, 2010 4 1.The term of the permit shall be for a period of 15 years. 2.The installation shall be constructed in conformance with plans submitted with the application. 3.This special permit will expire on April 8, 2025. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, April 8, 2010 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 8, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Arthur C. Smith, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 40 Hartwell Avenue, Map 84, Lot 84A 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 and the Historic Districts Commission Clerk. Comments were received from Conservation, the Selectmen’s Office, the Communication Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 7:50 pm by reading the legal notice and described information received from the petitioner relative to the petition. David Archambault presented the petition for Clearwire. The applicant is requesting a Special Permit in accordance with section 135-88 A (1) (c ) (d), 135-91G and 135-88 C (3) (b) to install 4 new backhaul dishes. The Chairman asked the petitioner about Sprint’s contract and when it expires. Sprint just renewed the contract for another 25 years. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:53 pm. On a motion Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted to approve the special permit, authorized under § 135-88C(3) in accordance with § 135- 11B, § 135-88A(1)(c) and (d) and § 135-91G to allow to install 4 new backhaul dishes at 40 Hartwell Ave subject to the following conditions: 1.The term of the permit shall be 15-years. 2.The installation shall be constructed in conformance with the plans submitted with the application. 3.This special permit will expire on April 8, 2025. . Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, April 8, 2010 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 8, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Arthur C. Smith, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 2 Morgan Street, Map 50, Lot 20 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 and the Historic Districts Commission Clerk. Comments were received from the Selectmen’s Office, the Communication Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 7:53 pm by reading the legal notice and described information received from the petitioner relative to the petition. David Archambault presented the petition for Clearwire. The applicant is requesting a Special Permit in accordance with section 135-88 A (1) (d), 135-91G and 135-88 C (2) (b) to install a wireless broadband facility. A Board member asked if the equipment will be painted the same color as the tank. Another Board member asked if there was still space available on the tower for more equipment. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:56 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5- 0 to grant a special permit, authorized under § 135-88C(2)(b) in accordance with § 135- 11B, § 135-88A(1)(c), and § 135-91G of the Code of the Town of Lexington to install, operate and maintain a wireless communications facility on the water tank at MORGAN ROAD, MAP 50, LOT 20 subject to the following conditions: 1.This special permit shall be for a period of fifteen (15) years. 2.The wireless installation shall be constructed in conformance with the plans submitted with the application. 3.This permit will expire on April 8, 2025. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, April 8, 2010 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall April 8, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Arthur C. Smith, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne L. Cornaro, Administrative Clerk, David L. George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 33 Hayden Avenue, Map 16, Lot 1C The Chairman opened the hearing at 7:56 pm reading the legal notice and described information received from the petitioner relative to the petition. 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, the Communications Advisory Committee and the Design Advisory Committee. Comments were received from the Communication Advisory Committee, the Design Advisory Committee and the Zoning Administrator. Jennifer Murga and James Hoyt from Goodman Networks presented the petition for Clearwire. The applicant is requesting a Special Permit in accordance with section 135-88 C (3) to install a wireless broadband facility. At the hearing the applicant presented the Board with updated renderings of the project and a letter of authorization from Hayden Office Trust. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:05 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5- 0 to grant the grant the special permit authorized for a new wireless communication facility, authorized under § 135-88C(3) in accordance with § 135-11B in and § 135- 91G(1) at 33 Hayden Avenue subject to the following conditions: BOA Meeting, April 8, 2010 8  The term of the permit shall be 15 years.  The wireless telecommunications facility shall be constructed in conformance with the plans submitted; including the photographic renderings received on 4/8/10 entitled “33 Hayden Avenue, Lexington MA- BOS7032a, created by Benjamin E. Caron, dated 3/11/2010. The 3/11/10 renderings shall replace the 9/17/09 renderings originally submitted with the application.  A copy of the signed final lease shall be presented to the Board of Appeals before the building permit can be filed. Submitted by: Dianne Cornaro, Administrative Clerk