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.