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