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HomeMy WebLinkAbout2011-03-24- ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 24, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson and Associate Members Ralph D. Clifford and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 23 Edgewood Road, Map 56, Lot 89 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; elevations and floor plans. 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 and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner and the Zoning Administrator. The Chairman opened the hearing at 7:30 pm by reading the legal notice and described information received from the petitioner relative to the petition. Architect Lynne Hopkins presented the petition for the owners of the property, Sarah and Phil Levin. The applicant is requesting the following relief: 1) Variance in accordance with 135-35, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 21.1 ft instead of the required 30 ft. and 2) Variance in accordance with 135-35, Table 2, Schedule of Dimensional Controls to allow 3 stories instead of the 2 ½ story maximum allowed. A Board member asked what changes are being made to the existing driveway; would he need a special permit? There will be no changes to the existing driveway and the additional driveway is within the setbacks required. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:38 pm. On a motion by Carolyn C. Wilson and seconded by Ralph D. Clifford, the Board voted 5-0 to approve the VARIANCE in accordance with 135-35, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 21.1 ft instead of the required 30 ft.; and 2 BOA Meeting, March 24, 2011 On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board voted 5-0 to approve the VARIANCE in accordance with 135-35, Table 2, Schedule of Dimensional Controls to allow 3 stories instead of the 2 ½ story maximum allowed. Dianne Cornaro, Administrative Clerk Submitted by: BOA Minutes March 24, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 24, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson and Associate Members Ralph D. Clifford and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 94 Hartwell Avenue, Map 73, Lot 9A Petitioner submitted the following with the application for hearing: nature and justification of request; site plan; sign plan and photographs. 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, Economic Development Officer and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, Conservation Administrator, Engineering, Health Director and the Zoning Administrator. The Chairman opened the hearing at 7:39 pm by reading the legal notice and described information received from the petitioner relative to the petition. Ashok Patel of Hartwell Hospitality, owner of the property, presented the petition. The applicant is requesting the following relief: 1) Special Permit in accordance with section 135-75A to allow internal illumination for signs and 2) a Special Permit in accordance with section 135-78D to allow for more or larger signs than are permitted as of right. A Board member asked if the sign on the building is LED lights? Another Board member asked about the size of the sign which she thought may be too small and thinks 45” is more practical. The Chairman asked about the recommendations of the Design Advisory Committee and the applicant responded that the DAC preferred a smaller sign than he is proposing. There were no audience questions. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 7:58 pm. BOA Meeting, March 24, 2011 Decision: On a motion by Carolyn C. Wilson and seconded by Ralph D. Clifford, the Board voted 5-0 to approve the to SPECIAL PERMIT in accordance with section 135-75A to allow internal illumination for signs as per plans submitted at hearing. On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board voted 5-0 to approve the SPECIAL PERMIT in accordance with section 135-78D to allow for more or larger signs than are permitted as of right as per plans submitted at hearing. Dianne Cornaro, Administrative Clerk Submitted by: BOA Minutes March 24, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 24, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson and Associate Members Ralph D. Clifford and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 14 Morgan Road, Map 50, Lot 20 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; elevations; photographs, RF Documentation, FCC Licenses and underlying lease. 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 Communication Advisory Committee, the Design Advisory Committee and the Historic Districts Commission Clerk. Comments were received from the Communication Advisory Committee, Engineering and the Zoning Administrator. The Chairman opened the hearing at 7:50 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Edward D. Pare, Jr. presented the petition for the applicant, New Cingular Wireless PCS, LLC d/b/a AT&T. Also at the hearing was Kevin Breuer, RF Engineer for AT&T. The applicant is requesting a special permit in accordance with section 135-88C (2) (b) to modify the wireless facility located at the Lexington Water Tank to add 3 like antennas and accessories. The applicant has been working with the Town of Lexington Engineering Division regarding Engineering’s concern that the new work being kept clear of the top of the hatch and ladder. The Chairman asked if the applicant would have any problem accepting the conditions Engineering had suggested. The conditions Engineering are recommending are as follows: 1.Not less than 7 days prior to construction, the proponent will submit to the Town Engineer of Lexington for review and approval a detailed drawing prepared by a registered professional engineer showing the location and supports for the proposed cable on top of the tanks 2.The proponent will work with the Town Engineer to plan and implement the relocation of any existing cables owned by AT& T or affiliates to enable safe access to the tank top and the tank hatch. BOA Meeting March 24, 2011 4 There was a discussion about shielding of the wires up the side of the tank. Zoning Administrator David George will follow up with Engineering on the wires not covered by a shield that belong to other carriers. One of the Board members asked the staff about the building permits and inspections done by the Building Department and another asked how many wireless carriers are there on the water tank. AT&T have a total of 12 antennas but was not sure how many other carriers were on the tank. The Board discussed the conditions to be implemented with the Special Permit. The Chairman closed the hearing at 8:08 pm. On a motion by Carolyn C. Wilson and seconded by Ralph D. Clifford, the Board voted 5-0 to grant the special permit in accordance with section 135-88C (2) (b) to modify the wireless facility located at the Lexington Water Tank to add 3 like antennas and accessories with the following conditions: 1.The term of the permit shall be for 15-years. This special permit will expire on March 24, 2026. 2.Not less than 7 days prior to construction, the proponent will submit to the Town Engineer of Lexington for review and approval a detailed drawing prepared by a registered professional engineer showing the location and supports for the proposed cable on top of the tanks 3.The proponent will work with the Town Engineer to plan and implement the relocation of any existing cables owned by AT& T or affiliates to enable safe access to the tank top and the tank hatch before any new antennas are constructed. 4.Cables on the side if the water tank shall be camouflaged to blend in with the tank color. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 24, 2011 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 24, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson and Associate Members Ralph D. Clifford and Leo P. McSweeney Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Other Business: 1.On a motion by Ralph D. Clifford and seconded by John J. McWeeney, the Board voted 4-0 to approve the minutes of March 10, 2011. . Dianne Cornaro, Administrative Clerk Submitted by: