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HomeMy WebLinkAboutPlanning Board minutes 03-09-1998 PLANNING BOARD MINUTES MEETING OF MARCH 9, 1998 Chairman Merrill called the meeting of the Lexington Planning Board,held in Estabrook Hall,to order at 7:38 r, p.m.Members Bridge-Denzak,Colman,Davies,Galaitsis, Planning Director Bowyer,Assistant Planner Marino and-Secretary Tap were present.-Mr.-Galaitsis arrived during Item 63 - - ************************* ARTICLES FOR 1999 TOWN MEETING *************************** 59 Article 32.Wireless Communication Antennas.PUBLIC HEARING: Mr. Colman, along with Richard L. Canale,recent past member of the Planning Board, presented the Board's proposed amendment to the Zoning By-Law,Article 32, Wireless Communication Antennas.He explained that the amendment would create a new Section 15 in the Zoning By-Law to regulate the siting of wireless communication antennas in Lexington within Federal Communications Commission constraints. He added that the Telecommunications Act of 1996 preserves the authority of local zoning authorities to regulate such installations. The Planning Board wants to strike a balance between the impacts of the towers and the service they provide and to create a more open process for permitting so residents know when and where they are sited. Mr Canale presented view graphs showing historical and projected data on the number of communications antenna installations.A rapid increase in the number of antennas is predicted.He briefly described how the regulations would work. Mr. Colman urged the audience to be forward looking in their comments, as the regulations would apply only to future applications. Mr Merrill asked for comments from the Board. Mr Davies suggested substituting the word publicly owned for municipally owned with respect to water tanks. Mr Galaitsis said he hopes that the regulations will not allow applicants to shop for the cheapest site in town. Questions and comments from Town Boards and Committees included: Robert Whitman,Board of Appeals,who asked what maximum threshold means. Julian Bussgang,Cable Television and Telecommunications Advisory Committee,made a number of points: • The Selectmen did specify a radiation level for the antenna installed on top of the Muzzey Condominiums. The Building Commissioner has been treating antenna installations as utility substations. • Mr. Busgang believes the Planning Board should be the Special Permit Granting Authority Mr. Bowyer replied that the State Zoning Act allows any of three boards to be special permit granting authorities: the Planning Board,Board of Appeals and the Board of Selectmen.The Planning Board has talked about assisting the Board of Appeals in preparing the regulations to assist in the transition from draftsmanship to administration. • The committee is pleased to see the Planning Board submit this article to Town Meeting, as it is much needed. • Adjacent residential and commercial uses are a special case. David Becker, Cable Television and Telecommunications Advisory Committee,urged the Board to be very specific in the By-law with reference to monopoles, which he prefers.He said that technical support may be needed by the SPGA,but the applicant can pay for that.His other comments and questions included: • "by-right' sounds too streamlined. • Does the staff have the expertise to do this permitting? • How many un-permitted towers are there in town? • What are their emission levels? Mr. Colman responded that 'by right' permitting requires concealment or camouflage of the antenna. The industry will take the path of least resistance so it is hoped they will go toward these types of installations, 2 Minutes for the Meeting of March 9, 1998 which are preferred.Referring to Mr.Bussgang's wish that the Planning Board act as the SPGA,John McWeeney, Chairman of the Board of Appeals,who was present stated that the Board of Appeals is happy to be the SPGA. The Board of Appeals always gets the input of those with expertise, including the Planning Board,Design Advisory Committee and others.It is built into the process.Mr Merrill added that the Planning Board prefers to concentrate its efforts on a larger view of issues,which it lacks enough time to do as it is. Robert Whitman expressed concern about how to determine specific measures of lighting noise and emissions when it comes to permitting.Are there more specific regulations beside the proposed Section 15?Betsy Whitman,Precinct 8, asked if a moratorium is possible. Mr Bowyer said a moratorium is not any more effective than the process of preparing an amendment to present to Town Meeting,which is, in effect,a moratorium because if approved, it is retroactive to the date of the first legal notice of the amendment. Frank Sandy,precinct 7 asked about line 14. 13 in the Use Table and whether that will be amended or superseded. Nicholas Hay, 48 Valley Road, in reference to the proposed requirement to remove a tower that is unused for six months, asked how it will be known that a tower was unused.Byron Blanchard, 16 Round Hill Road,a radio amateur, commented that amateur operators often do not use their antenna for six months or more, due to illness,travel or other factors. The take-down provision would be a hardship for these users. To a resident who expressed concern about the aggregate emissions of co-located towers,Mr.Blanchard asserted that the FCC does take that into account in its guidelines for buffering emissions from antennas. Mr Whitman again expressed concern about how the SPGA would inform itself on these matters. Curtis Connors,Nextel Communications,Inc., said that the industry applicant must provide this type of technical information.Mr.Becker said that he would like to see this `honor system' loop closed by regulations that ensure compliance to FCC standards. Someone suggested that applicants for antenna permits should be required to submit a master plan of their needs,or otherwise demonstrate to the SPGA that it needs what it is applying for in terms of height,power, etc.,to provide complete coverage for the town. Mr.Merrill conducted an informal poll of the audience.A majority indicated that they generally favor the proposed amendment. Mr. Merrill closed the hearing at 9:30 p.m. and recessed the meeting. The Planning Board meeting was reconvened at 9:38 p.m. in Room G-15, Town Office Building. The Board formally welcomed new member Stacey Bridge-Denzak who was elected to a five-year in the Annual Town Election on March 2, 1998. ************************* ARTICLES FOR 1999 TOWN MEETING ************************** 60. Amendments to the Zoning By-Law The Board reviewed draft reports to Town Meeting on the proposed amendments to the Zoning By-Law a. Article 33, Small Lots: On the motion of Mr Davies, seconded by Mr Galaitsis,the Board voted unanimously, 5-0,to recommend that the Town Meeting approve the proposed amendment as set forth in the report, and to approve the report,dated March 4, 1998, as written. b. Article 34 Conversion of One Family Dwellings: On the motion of Mr. Colman, seconded by Ms.Bridge- Denzak,the Board voted unanimously, 5-0,to recommend that the Town Meeting approve the proposed amendment as set forth in the report, and to approve the report, dated March 5, 1998,as written. Minutes for the Meeting of,March 9 1998 3 c. Article 35,Technical Corrections: On the motion of Mr Colman, seconded by Mr. Galaitsis,the Board voted unanimously, 5-0,to recommend that the Town Meeting approve the proposed amendment as set forth in the report, and to approve the report,dated March 3, 1998, as amended. d. Article 38, Transportation Demand Management: On the motion of Mr Galaitsis, seconded by Mr.Davies the Board voted unanimously, 5-0,to recommend that the Town Meeting approve the proposed amendment as set forth in the report, and to approve the report, dated March 5, 1998, as written. e. Article 39,Procedures Planned Development Zoning Districts: On the motion of Mr. Galaitsis, seconded by Mr Colman,the Board voted unanimously, 5-0,to recommend that the Town Meeting approve the proposed amendment as set forth in the report,and to approve the report,dated March 6, 1998, as written. f. Article 41,Parking Requirements, Secondary Schools: On the motion of Mr. Galaitsis, seconded by Mr. Davies,the Board voted unanimously, 5-0,to recommend that the Town Meeting disapprove the proposed amendment submitted by a citizens' petition,and to approve the report, dated March 9, 1998, as written. g. Article 13, Street Acceptance and Construction; The Board approved the wording of the report which will be included in the package of reports to Town Meeting. h. Article 32, Wireless Communication Antennas: Mr Galaitsis reported that he talked to two Nextel Communications employees. He asked them how they measure tower emissions. Also,what process are they using, etc. They answered that they do not currently have one.Mr. Galaitsis asked if they would consider having a representative of the Town hire a consultant who would take these measures independently after an antenna is installed.And if the emissions exceed their predictions and the maximum allowed levels,would they take the antenna down?The representatives of Nextel said that they don't do that now,but they will find out. Mr. Bowyer remarked that the need for technical expertise can be a problem when a town gets into regulating industries. On the motion of Mr Galaitsis, seconded by Mr Davies,the Board voted unanimously to authorize Mr. Galaitsis to find out if Nextel would be willing to provide the funds needed to measure emissions in order to reassure abutters and others. *************** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS **************** RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 61 Anolications To Be Heard on March 12. 1998: Mr Colman gave an oral review of the following applications: 43 Rindge Avenue,Taaffe, special permit to allow radio telescope to remain where located The Planning Board will recommend that the permit be limited to one year or for the duration of the science project. 59 Worthen Road,Grace Chapel,variance to replace one parking lot light pole and add a second The Board agreed to recommend that no action be taken on this application in the short term. If Article 40, the Planning Board's proposed amendment regulating outdoor lighting, is approved by Town Meeting,the church will be subject to the by-law,which requires the submission of a lighting plan. The Board had no comment on the following applications, also scheduled to be heard on March 12. 25 Hartwell Avenue,Access Radiology, special permit for sign 26 Barberry Road,Paul,renewal of special permit for home office 4 Ellison Road,Jones,variance to build addition to dwelling 4 Minutes for the Meeting of March 9, 1998 140 Cedar Street, Croes,variances to add addition and new entrance 10 Donald Street,Griffin, special permit to add second story The Board agreed to discuss the following petitions,to be heard on March 26, 1998, at their next meeting. 31 Allen Street,Bryan and Tulin, appeal of a decision of the Building Commissioner 443 Lincoln Street,Piantedosi,extend variance to continue parking vehicles 4 Hartwell Place,Raytheon, special permit to install four office trailers The meeting was adjourned at 10:46 p.m. 6( 4 "tel Steven L. Colman, Clerk