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Minutes of the Zoning Board of Appeals Meeting of 3/1/07
Meeting convened at 7:30 pm in the Donaldson Conference room at Town Hall. Present: Pamela Green, Chair, members John Kimball, Anna Hardman, Joel Freedman, Jeff Macklin and Win Quayle, and Dorothy Blakeley, BOA clerk.
Continuances:
1) Ms. Lawon Suh/Mr. Peter Lee, 31 Mill Street, M/P 20 3 0, for a special permit to reconstruct their single family residence. The applicants appeared with their lawyer, Tim Taylor, who brought a revised set of plans for the reconstruction reflecting changes recommended by the Planning Board (suggested in a memorandum to the Board of Appeals dated January 10, 2007). Although the square footage of the proposed house remains the same, the proposed house and attached garage are now situated on the lot in such a way as to diminish the impact of the new construction as viewed from Mill Street. The change of site reduces the size of the parking area and the reconstructed house will now be situated roughly equally distant from both side boundaries. The proposed reconstruction overlaps some
of the foundations of the existing dwelling. As before, all existing accessory structures will be demolished. The septic system will remain where it is now located and the applicants reported that it will comply with current Board of Health requirements for the new structure. The applicants said that they had shown their neighbors the revised plans. No abutters or interested parties attended the hearing and no further written comments were received. Board members noted that appropriate screening was of great importance and asked for a landscape plan to be submitted, along with revised elevations. The project still requires site approval by the Planning Board which has its own requirements for landscaping and other matters. Pending the outcome of the Planning Board’s review, the Board decided to send a letter to the Planning Board to indicate that a special permit is likely to be granted for the revised design if concerns over screening are met.
Action: Hearing continued to April 5, 2007. Panel includes Pamela Green, Chair, members John Kimball, Anna Hardman, Joel Freedman, Jeff Macklin and Win Quayle. John Kimball is the Decision Writer.
2) Stonegate Gardens, 339 South Great Road, application for renewal of special permit regarding a pre-existing non-conforming use of a residential property. Applicant Stonegate Gardens, Inc., was represented by Lynne Bower, (manager) Bruce and Roy McDowell (owners) and Attorney Michael Vhay. Photos from Eleanor McKnight, who could not attend this meeting, were entered into the record. Additionally, a site plan and photo were submitted and entered into the record from Lynne Bower. Cecil Thomas, 34 Blackburnian Road, renewed complaints that machinery was being operated in the rear of the property and expressed his opinion that the use of these machines is inappropriate in a residential neighborhood. Ms. Bower responded that the chipper was used three or four times in the last year
and that Stonegate is willing to do anything to help minimize the noise. Mr. Roy MacDowell added that the size and denseness of trees may help minimize noise. Mr. MacDowell also offered to make a site visit to the Thomas’s property to see how the Stonegate operation looks from that vantage point. A letter from Cecil Thomas, dated March 1, 2007 was entered into the record. The record will remain open.
Action: Hearing continued to April 5, 2007. Panel includes Pamela Green, Chair, members John Kimball, Anna Hardman, Joel Freedman, Jeff Macklin and Win Quayle. Pamela Green is the Decision Writer.
New Matters:
Omnipoint Communications, subsidiary of T-Mobile USA, for use and dimensional variances (height and setbacks) to permit construction of a wireless communication facility at 22 Red Rail Farm Lane, M/P 57 2 4. Omnipoint was represented by Attorney Adam Braillard of Prince, Lobel, Glovsky & Tye andRakesh Goel, a Radio Frequency Engineer in the employ of T-Mobile Wireless. Mr Braillard described Omnipoint’s proposal for a tower and set out its reasons for selecting a site outside the Town’s Wireless Overlay District. Drawings were produced of the proposed site. The general design of the tower would be 3 panel antennas creating a tower of 100 feet. The applicant argued that this flagpole design is the most appropriate for this location. The co-axial cabling would be contained entirely within the pole.
Mr Braillard described the cabinets at the foot of the pole as refrigerator sized. The tower and cabinets would be surrounded by a fenced in compound 40 x 40 feet to fit T-Mobile equipment as well as potentially that of two other carriers. The Board was told that T-Mobile would take the top spot and that it would thereby be able to close the significant gap in coverage that T-Mobile says exists in its coverage based on a radio frequency study they had conducted. Mr. Braillard referred to a map that showed existing on air sites and the recently approved DeCordova museum site. He argued that even with the tower at the museum, there are areas where T-Mobile does not have “seamless coverage.” John Kimball asked what if any alternative sites had been explored. Mr. Braillard responded that the corner of Codman and Lincoln Road where the fire and police station are located was looked at and deemed to be too far away from the area in question to close the
gap in coverage that the applicant perceives. He said that the applicant had not considered increasing the height of the existing tower at that location. Anna Hardman asked about the degree of ‘seamlessness’ required by the applicant and the availability of service through other carriers with coverage in the same area. Bob Domnitz, a member of the Lincoln Planning Board and of the Planning Board’s Cell Tower Task Force, Mr. Domnitz noted that the Planning Board is opposed to this variance. He noted the T-Mobile recently received approval for a site at the DeCordova Museum and is close to receiving approval for a site at the Farrington Memorial, close to Rt. 128 and Rt. 2. Both of these sites are within Lincoln’s Wireless Overlay District. He expressed the Planning Board’s concern that in this case T-Mobile had chosen to bypass the “Pre-application conference” the Planning Board to wireless applicants, noting that such
conferences serve as a way to identify locations that satisfy the concerns of both applicants and the town. He also noted that in the summer of 2004, the Cell Tower Task Force invited all carriers who believed that they had immediate coverage problems to attend a meeting and that T-Mobile did not send a representative to that meeting. Mr. Domnitz said that at that time, three proposed sites were discussed:
a. Pine Hill
b. The Lincoln Public Safety Building
c. Walden Pond Park.
He also noted there are already two existing sites for cell towers in the Crosby’s Corner area.
Several members of the public spoke including: Catherine Mierzwa, Bedford Road; Peter Adams, Baker Farm; Nathalie Rice, Red Rail Farm Lane; Doug Adams, Granville Road; Ed Rolfe, Silver Birch Lane; Gustav Beerel, Red Rail Farm Lane; and Marie Keutmann, Red Rail Farm Lane. All expressed their concern for the rural character, open space and the historic area that would be harmed by the location of a large cell tower at the location chosen by the applicant. Gustav Beerel added that it is important to note that the land adjacent to the proposed site is under conservation restriction that specifically precludes commercial use. Mr. Beerel also noted that as a Trustee for Red Rail Farm Cluster Trust, all utilities must request access through the Trust because the road is private. He said that the trustees have the right to
deny access. John Kimball asked for a letter and documentation and Mr. Beerel said he would provide this. Colin Smith of the Historic District Commission added that the potential effects of the proposed cell tower would be negative to the town and that the Historic District Commission is opposed to granting this application. Two letters were entered into the record, one from Doug Adams dated 3/1/07, and another from Nathalie and John Rice, dated 2/22/0. Both opposed locating a cell tower at the location at Red Rail Farm.
Pamela Green stated the Board needs to investigate many issues, including:
1. Whether there is a gap in coverage in this area.
2. Whether the gap is “significant” within the meaning of the Telecommunications Act of 1996 (involves research into the availability of wireless service in general in the area where the applicant seeks to locate)
3. Whether there is an alternative site within the wireless overlay district that can fill the needs of this applicant without causing detriment.
Board members inquired whether or not the applicant would be willing to pay for an independent consultant of the Board’s choosing. Mr. Braillard said that he thought the applicant would be willing to pay for this study.
Action: Hearing continued to April 5, 2007. Panel includes Pamela Green, Chair, members John Kimball, Anna Hardman, Joel Freedman, Jeff Macklin and Win Quayle. John Kimball is the Decision Writer.
Administrative Matters:
BOA Meeting Minutes of 1/18/07 and 2/8/07 approved.
Meeting adjourned at 10:50 pm.
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