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HomeMy WebLinkAbout2000-02-16-PB-minPLANNING BOARD MINUTES MEETING OF FEBRUARY 16, 2000 The meeting of the Lexington PIanning Board held in the Selectmen's Room Town Office Building, was called to order at 7:35 p.m. by Chairman Davies with members Bridge - Denzak, Colman„ Director of Comprehensive Planning Bowyer, and Assistant Planner McCall - Taylor present. Mr. Merrill, Mr. Galaitsis and Planning Director Garber were absent. MINUTES 14. Minutes The Board reviewed the minutes for the meeting of October 13; November 3, 10 and the Executive Session of November 10; December 1 and 21; January 5 and 19 and the Executive Session of January 19, 2000. On the motion of Mr. Colman, seconded by Ms. Bridge- Denzak, it was voted unanimously, 3 -0, to approve the minutes, as written. * * * * * * * * * * * * * * * * * * * * * * * * * ** PLANNING DIRECTOR'S REPORT Recent Activity 15. Grandview Avenue Definitive. Conventional Subdivision Plan, DEBCO Prol2ertic& Rollout: Ms. McCall - Taylor rolled out a subdivision plan for three lots on Grandview Avenue, that was submitted by David Burns on February 1, 2000. The staff has not yet reviewed the plan in detail. * * * * * * * * * * ** ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS * * * * * * * * * * * ** SUBDIVISION OF LAND 16. Fox Run Lane Extension of time to take action on a Subdivision: Ms. McCall- Taylor informed the Board that Robert Phelan has requested an extension of the time the Board has to act on his request for final release of the covenant and final release of surety being field for the Fox Run Lane Subdivision off East Street. On the motion of Ms. Bridge- Denzak, seconded by Mr. Colman, the Board voted to approve the extension. RECOMMENDATIONS ON APPLICATIONS TO THE BOARD OF APPEALS 17. Applications To Be Heard on Februa 17 2000: Mr. Davies gave an oral review of the following applications: 75 Concord Avenue — special permit, wireless — The Planning Board recommends favorable action. While the particular circumstances surrounding the original permitting of this tower are unusual and do not allow a simple special permit application under 15.3.3.2 of the Zoning By -law, the Planning Board supports the use of the existing tower for co- location of a wireless communication facility. This is within the original intent of the By -law and it makes sense to modify the original special permit to allow the tower to be used for multiple installations rather than to force a new installation elsewhere. 60 Bedford Street — special permit for sign - The Planning Board defers to the judgement of the Design Advisory Committee for their review. The Board had no comment on the following applications, also to be heard on February 17, 2000: 673 Waltham Street - special permit to go up 279 Lowell Street - variance, s ep_-cial permit Minutes for the Meeting of February 16, 2000 ARTICLES FOR 2000 TOWN MEETING * * * * * * * * * * * * * * * * * ** 18. Article 9, Street Acceptances Ms. McCall - Taylor reported that the Board of Selectmen will present a motion to Town Meeting seeking acceptance of Howard Munroe Place, Litchfield Road, Johnson harm Road, and Fox Run Lane. "Acceptance" is a transfer of ownership of a right -of -way from a private developer to the Town and is done when a subdivision is complete. The final engineering review of Fox Run Lane revealed that one apron has not been paved. If this can not be corrected by the time the article comes before Town Meeting Fox Run Lane will be removed from the article. 19. Article 16, Wireless Communication Facilities, Citizen's petition,_ Public Hearing Mr. Davies called the hearing to order at 5:03 p.m. by reading the Order of Public Hearing and the wording of the proposed amendment. There were 20 people in the audience. Jennifer Taub, 445 Marrett Road, spoke for the amendment, which proposes a moratorium, for period up to a year, on the issuance of permits for wireless communications antennas. In this period she would lead a group to try to determine if the siting of cell antennas has a causal effect on properly values, i.e., makes them go down. Her aim is not to inhibit the growth of the telecommunications industry but to control the build -out process to benefit the most people. She described her own background in the field of wireless communications; she was a tax attorney for the MediaOnc telecommunications company. She cited a number of examples of case law_ She stated that homeowners could make a deal with a media company to install one on their residence. Mr. Bowyer explained why that is not possible. Question s from the Board had to do with what other towns are doing about antenna siting, what kind of data the fact finding group would collect and how many she thought would sell their homes if an antenna were installed nearby. Ms. Taub said she knew of one person who might sell. Mr. Davies asked if there is an explosion of applications for cell towers now in Lexington. Jane Gharibian, chairman of the Communications Advisory Committee, stated, on behalf of the committee, that a moratorium is not needed, but they do support the formation of a group to look into the efficacy of Section 15, Wireless Communications Facilities, of the Zoning By -Law. David Kanter, Precinct 6 Town Meeting Member, speaking as an individual, commented that. nothing substantive has been shown that antenna affect property values, and that a moratorium would hurt some providers and adversely affect coverage and service. He asked that any changes to Section 15 be done at next year's Town Meeting. Caleb Warner, Precinct 3 Town Meeting Member, said that he believes the proposed moratorium does not have the required legal groundwork. He also noted that six contiguous towns have imposed such moratoriums but have not been sued by providers, as they expected. Questions and comments from the audience had to do with new technology that the current Zoning By -Law does not address, the lack of a feeling of protection in Lexington. One resident did not think that data from other municipalities should be excluded from study as it could indicate what is coming. Ms Taub, in summing up, stated that the issue of effects of antenna siting on property values needs to be faced and that people are apparently interested in studying the situation. Mr. Davies closed the hearing at 9:20 p.m Minutes for the Meeting of February 16, 2000 20. Planning Board Report to Town Meeting on Comprehensive Plan Work Progress: The Board held a brief discussion on what the content and format should be of the Board's report to Town Meeting on the use of the $50,000 appropriated last year for a work on the land use element of the Comprehensive Plan. * * * * * * * * * * * * * * * * ** PLANNING BOARD ORGANIZATION, SCHEDULE * * * * * * * * * * * * * * * * * ** 21. Signature sheets forRegistry of Deeds and Land Court: According to State statute, the Board endorsed signature sheets required to be on file with the Registry of Deeds and the Land Court, reflecting the current membership of the Board and staff members authorized to sign for the Board. REPORTS 22. Planning Board, Subcommittees Emery Park Ms. Bridge - Denzak reported that she is serving on the Ad Hoe Tree Committee. The committee is considering potential tree protection methodology. Space Needs Committee Mr: Davies reported that the Space needs Committee will soon issue a final report, . a set of recommendations based on its findings as to the building space needs of the Town. r The meeting was adjourned at 9:44 p.m. Anthony G. Galaitsis, Clerk