2005-02-10-ZBA-min - Laserfiche WebLink

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MINUTES of the Lexington Zoning Board of Appeals — February 10, 2005 Present: Chairman Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Associate David G. Williams sitting in for John J. McWeeney and Associate Carolyn C. Wilson sitting for Maura L. Sheehan Petition Address: 75 Concord Avenue The Chairman opened the hearing at 7:45 PM by reading the legal notice and described information received from the Petitioner, other Boards and Commissions relative to the Petition. There were comments received from Conservation and the Zoning Enforcement Officer. Letters were received from the Communication Advisory Committee and the Lexington Design Advisory Committee. Adam F. Braillard, Esq., representing Omnipoint Holdings, Inc., presented the petition. Dave Ouelette, Communication Specialist for T- Mobile was also on hand to answer questions. The relief sought is for a special permit to install a wireless communications facility on an existing tower as well as place support equipment at the base of said existing tower. Such proposal is permitted per Article 15, Section 15.3.1, Section 15.3.3 and Section 15.6.5 of the Lexington Zoning By Laws. Questions from the Board: Carolyn Wilson: The period of time for the license under section 8 is 7 years and then an additional 5 years? Answer: 7 years is referring to the memo of lease of property. The section on fees and terms is listed in section 4.2 of master agreement. The primary term for license date is 5 years for 5 times. David Williams: When they talk about power density levels in section 2, what's that saying? Answer: Must be below FCC regulations. Power density must be put on application. This is well below the FCC regulations. David Williams: How can you tell if you are above. Answer: Simple calculations that they do tell them. David Williams: Who owns the property? Answer: American Tower owns the property and Belmont Country Club own the property to the North. Judy Uhrig: The CAC said that you could put 3 antennas on each tower; you have the potential to add 6 more? Answer: In referencing site schedule agreement with American Tower they could go to 9 but because of the radio frequency people's stand there will only be 3 antennas and if they were to add more they would need to come before BOA again. There were no questions from the audience. No one spoke in favor. No speakers in opposition. Hearing was closed at 8:02 pm. Decision on Special Permit: On a Motion by Nyles Barnert and seconded by Carolyn Wilson the board voted 5 -0 to grant the special permit with the condition that there would only be 3 panels installed for a period of 30 years. Submitted by Dianne Cornaro, Clerk