2011-05-26-ZBA-Min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 26, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Associate Member Nancy M. Adler - Martha C. Wood excused herself from this hearing. Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner 1475 Massachusetts Avenue, Map 48, Lot 276A Attorney Edward Pare presented the petition for the applicant, New Cingular Wireless PCS, d/b/a AT&T Mobility. The applicant is requesting a Special Permit in accordance with 135-88 C (2) (a) of the Zoning Bylaw to allow modification of a Wireless Communication Facility. This hearing was continued from the April 28, 2011 hearing to give the applicant the opportunity to attend the Association’s Annual Meeting to meet with the homeowners of Muzzey Condominiums. Attorney Pare confirmed they had met with the Association as agreed to and had addressed concerns. The Chairman asked since the lease is for another 5 years if a special permit condition of 5 years instead of the 15 years requested would be an issue. There were no questions from the audience. No one spoke in favor of the petition. The following abutters spoke in opposition to the petition: 1.Fred Donovan of Unit 222 spoke in opposition. 2.David Walko of Unit 460 requested the special permit not be granted. Mr. Walko spoke of the language in the deed; read from reports on the dangers of cell phones and towers and presented the Board with the Book; Cell Phones, Invisible Hazards in the Wireless Age. 3.Sophia Kamveris also of Unit 460 wanted to be on record that she objects to this special permit. 4.Clare Sellig of Unit 114 spoke of her concern with the impact of the increased exposure to radiation. 5.Jeff Semon of Unit 115, a candidate for Congress, spoke in opposition. 6.Jim Gaffney of Unit 228 spoke of 2 family members with cancer concerns. Attorney Pare spoke of the legality of the lease. In respect to the Health Concerns they are well below the standard required by law.