2009-08-27-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 27, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member Steven L. Colman. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 1386 Massachusetts Avenue, Map 39, Lot 51A 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 Design Advisory Commission and the Communication Advisory Committee. Comments were received from the Design Advisory Committee, the Communications Advisory Committee, the Historic District Commission Clerk and the Zoning Administrator. The Chairman opened the hearing at 7:30 pm by reading the legal notices and described information received from the petitioner relative to the petition. Attorney Adam Braillard, representing MetroPCS Massachusetts, presented the petition. Also attending the hearing were: Francis Parisi: Rep. of Metro's Site Acquisition Dept., Bryan Eicens: Rep of Metro's RF Dept, Beau Birmingham: Rep of Metro's A/E Team The petitioner is seeking a special permit in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -88 (A) (1) (a), 135 -88 ( C) (2) (a) and 135 -91 (G) to install operate and maintain a wireless communication facility. The Board had no questions for the applicant. There were questions from 11 Percy Road, 1387 Massachusetts Avenue, 16 Percy Road, and 6 Percy Road. Their concerns were of radiation safety requirements, the height of the steeple, property values and whom they could go to at the FCC to get their concerns and questions about communication facilities answered. No one spoke in favor of the petition. A petition signed by 40 abutters in opposition to the application was presented at the hearing. Cameron Brady of 1404 Massachusetts Avenue, Daniel and Evelyn Silber of 11 Percy Road and Richard Foley of 6 Percy Road spoke in opposition of the petition. The hearing was closed at 8:04 pm.