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HomeMy WebLinkAbout2009-02-12 -ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall February 12, 2009 Board Members Present: Acting Chairman —John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Members Jill Hai and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner. The Chairman read a letter, dated February 3, 2009 from Adam Braillard, Attorney for MetroPCS Massachusetts, LLC requesting to withdraw the application for the special permit to allow a wireless communication facility at 60 Concord Avenue. On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5 -0 to accept the withdrawal of the application without prejudice. Submitted by: Dianne Cornaro, Administrative Clerk February 12, 2009 ZBA Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall February 12, 2009 Board Members Present: Acting Chairman —John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Members Jill Hai and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner. Petition Address: 397 Lowell Street, Map 46, Lot 37 The Chairman opened the hearing at 7:37 PM by reading the legal notices and described information received from the petitioner relative to the petition. Attorney Adam Braillard presented the petition for the applicant, MetroPCS Massachusetts, LLC. At the hearing he presented new plans for the design of the equipment to the board. With Attorney Braillard was the Site Requisitioner for MetroMCS Francis Parise and the Radio Frequency Specialist, Brian Eicenins, also of MetroPCS. The petitioner seeks to install a camouflaged wireless communications facility on the roof of the building at 397 Lowell Street. The building is used for retail, restaurants, offices, and storage and is located in the CRS zoning district. The building is host to two other wireless telecommunication's carriers. On January 10, 2008 the ZBA granted approval to Bell Atlantic to install antennas inside of a faux shelter to be built on the rooftop. The other wireless facility (non- camouflaged) appears to have been constructed under a building permit prior to the current wireless telecommunication's By -law. The applicant sought special permits for a camouflaged wireless installation at this site on August 28, 2008. The matter was continued to September 11, 2008, at which point the application was withdrawn without prejudice for redesigning. 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 Design Advisory Committee and the Communications Advisory Committee. Comments were received from the Design Advisory Committee, the Communications Advisory Committee and the Zoning Administrator. The Board asked how much did the equipment weigh and how far back from the edge of the building would it be. The equipment weighs approximately 1200 pounds and it will be about 8 feet from the edge of the roof. February 12, 2009 ZBA Minutes 3 There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:52 pm. On a motion by Martha C. Wood and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the special permit to allow a wireless communication facility at 397 Lowell Street for a term of fifteen years based on the revised plans that were presented at the hearing. This special permit will expire on February 28, 2024. Submitted by: Dianne Cornaro, Administrative Clerk February 12, 2009 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall February 12, 2009 Board Members Present: Acting Chairman —John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Members Jill Hai and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner. Petition Address: 17 Utica Street, Map 47, Lot 70 The Chairman opened the hearing at 7:52 PM by reading the legal notices and described information received from the petitioner relative to the petitions. The relief sought is for: Special Permit: To allow a temporary structure on the lot. Special Permit: To allow a special permit accessory apartment. Variance: To allow greater than 15% site coverage. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Building Commissioner and the Zoning Administrator. A letter of support was received from 19 Utica Street. Carl Oldenburg, Architect for the project and the owner, Rich White, presented the petition. The applicant seeks to build a new structure, containing an accessory apartment, before demolishing the existing structure. The applicant seeks to live in the existing structure for the duration of new construction. While reviewing the design of the home it was determined that the variance requested will not be needed. The board asked the Building Commissioner, Garry Rhodes, to explain the need for this special permit. He told the Board that in the past the practice had been to allow 2 structures on one lot but the By -law is very clear that there shall only be one house allowed on any lot. Mr. Rhodes stated he is not comfortable issuing Building Permits for 2 structures on the same lot with the by- law in place as it is without a special permit in place. Mr. Rhodes has spoken with the fire chief and there would be no problem with the 2 structures on the lot if there was an emergency and fire trucks had to respond. David George, the Zoning Administrator stated that this request for a special permit is an attempt to make past practices more formal and give the public and opportunity to express any concerns, February 12, 2009 ZBA Minutes 5 The Board asked how would the transfer take place and which structure would be considered temporary. Once the building of the new house starts the existing house would be considered temporary and they would not receive a Certificate of Occupancy until the original house was taken down. The Board also asked about the detached garage on the plan, which the owner is planning on using for his corvette hobby storage. There were no questions from the audience. Michelle Vendetti of 288 Marrett Road spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:07 PM. and reopened at 8:15 pm to allow the applicant to withdraw the request for the variance without prejudice. The hearing was again closed at 8:26 pm. On a motion by Carolyn C. Wilson and seconded by Jill Hai, the Board voted 5 -0 to accept the request for the withdrawal of the variance without prejudice. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5- 0 to grant the special permit ) to allow a temporary dwelling to be located on the lot during construction of a new dwelling, at 17 Utica Street, subject to the following conditions: 1. The existing dwelling shall be removed after a certificate of occupancy has been issued for the new dwelling. The Building Commissioner, in his discretion, may issue a temporary certificate of occupancy for the new dwelling. In the case where a temporary certificate of occupancy has been issued, a permanent certificate of occupancy shall not be issued until the existing dwelling has been demolished. 2. The existing dwelling shall be removed within thirty (30) days after a certificate of occupancy has been issued. 3. Only one dwelling shall be occupied. 4. Construction of the new single family dwelling with accessory apartment and demolition of the existing dwelling shall be completed within 2 (two) years of the date of this decision unless extended by the ZBA. 5. Prior to the issuance of the building permit for the new single family dwelling with accessory apartment, the "Release for demolition/removal of a structure" form shall be approved by the Historic District Commission, Historic Commission, Conservation Commission, Tree Warden, and any other applicable town department or town board or commission. February 12, 2009 ZBA Minutes On a motion by Carolyn C. Wilson and seconded by Martha Wood, the Board voted 5 -0 to grant the special permit for an accessory apartment in the new structure. On a motion by Jill Hai and seconded by Carolyn C. Wilson, the Board voted 5 -0 that as part of the granting of the special permit for the temporary structure the impervious surface restriction of 18% shall be increased for a limited time during the construction until the Certificate of Occupancy is issued and with the following conditions: Submitted by: Dianne Cornaro, Administrative Clerk Other Business: On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the board voted 3 -0 to approve the minutes from January 08, 2009 and January 22, 2009.