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Minutes of the Zoning Board of Appeals meeting on January 24, 2008
Meeting convened at 7:40 pm in the Lower Level Conference Room at Town Offices. Present: John Kimball, Chair, members Anna Hardman, Joel Freedman, Jeff Macklin, Win Quayle, Steve Daigle, and Dorothy Blakeley, ZBA Clerk.
New Matters:
1) Jamie and John Atkins and Warren Flint, 5 Sandy Pond Road, special permit for proposed additions to the existing single family home, including a detached garage. Ms. Atkins appeared with her architect, Matthew O’Connell. Ms. Atkins has an agreement with Mr. Flint to purchase this property. The proposed additions require approval from the Historic District Commission and Conservation Commission as well as the ZBA. It was noted that this property is under a deed restriction. Ms. Atkins stated that since this application was heard before the Conservation Commission, the HDC required angling the garage and that this
must go before Conservation again to approve the slightly revised location. It was also noted that the plans submitted with this application are not the finalized plans and that these will need to be submitted to the ZBA. The board and the applicant discussed the existing elevations and the plans for the one story garage with ½ story of attic space. Ms. Gerry Lattimore, 2 Bedford Road, stated her concern is the placement of the garage as this will affect her view of the field. The Board noted that we will have to continue this hearing until the Conservation Commission has rendered a final decision.
Action: this matter is continued until February 7, 2008. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, Win Quayle and Steve Daigle. John Kimball is the Decision Writer.
Continuance:
2) Mrs. Ahmed, 59 Oxbow Road, special permit for additions to a single family house. Ms. Major-Ahmed, appeared with her architect, Andrew Bennett. T Since our last meeting, they have revised the entire scope of the project to avoid intruding into the setback requirement. The new proposal would demolish the existing carriage wing and replace it with a carriage room. This addition would be in keeping with the style of the home. The front portion addition remains the same as submitted previously. Motion to close the record approved unanimously.
Action: Motion to approve this application approved unanimously. Panel includes John Kimball, Chair, Anna Hardman, Joel Freedman, Jeff Macklin, Win Quayle and Steve Daigle. Joel Freedman is the Decision Writer.
Radio Tower Height Increase Discussion:
Tim Higgins, Town Administrator, appeared informally on behalf of the Town to explain the events since the Board’s letter to the Town of October 8, 2007. stated this is not a formal hearing such as our January 18, 2007 meeting which was a public meeting and formally advertised as such. This meeting in January 2007 created a lot of public opposition to the proposed tower height increase and thus a subcommittee was formed. This is called the Selectmen’s Public Safety Radio Study Committee and is comprised of 3 members, John Caswell, John Legates and Paul Svetz. Mr. Higgins noted that in September 2007, there was an interim plan to improve communications to the Public Safety site by doing a repairing of the existing towers andby replacing them with one tower at the exact same height and without
any lighting. Mr. Higgins stated that had that occurred as planned, there would be no need to be here tonight. What happened instead is that the tower was replaced, but at a higher height than intended, approximately 10 feet higher than what was approved, and moved about 30 feet.. T. Mr. Higgins stated that after the September 2007 meeting, the Fire Chief, Arthur Cotoni, and the water department, who are the landlords of this property, had concerns over the soil conditions, and .. Thus, to accommodate the water department’s request, the tower was moved slightly to a location that was about 10 feet lower in elevation. Because It was also noted that additionally, the Fire Chief was led to believe that the tower came in 10 foot sections. During installation, the problem became clear as the tower sections came in 20 foot sections, rather than 10 foot sections as originally planned, the tower ended up about 10 feet higher and clearly
visible over the trees from the Lexington Rd. area. . The Board noted that there are FAA regulations regarding paint and light on towers of a certain height. Mr. Higgins notedresponded that they were careful to look at the FAA waiver and were comfortable that the new height that was approved without lights or paint.. Mr. Higgins said the Selectmen’s Public Safety Radio Study Committee, comprised of John Caswell, John Legates and Paul Svetz, technical subcommittee will be looking at the various alternatives to resolve this situation and make a recommendation to the Board of Selectmen, who in turn would file a formal application with the Board... The Selectmen will then have the burden of what type of relief to apply for. The Board inquired as to how long a process this might be. Mr. Caswell responded that realistically, this may be a 3 month process. The Board inquired whether the tower could be lowered in the meantime.at can we do at
this point, could we lower it now? Mr. Higgins responded that this is feasible, but there is a cost implication as well as a civil engineering viewpoint to consider. Mr. Gary Taylor, Chair, Board of Selectmen, brought up two issues: 1) we could possibly lower the whips, but that may interfere with communications, 2) it may be possible to take a 20 foot section to the shop and re-wield the anchors. Mr. Kimball responded that we do not want to jeopardize the broadcast signal during this process.
The meeting was then opened to a general discussion. Mr. Brooks Mostue, 53 Bedford Road, noted that Mr. Higgins mentioned this new tower came as a kit, and asked whether or not there may be other size kits available. The Fire Chief, Arthur Cotoni, responded he was unsure if there were other size kits available. Mr. Fred Hopengarten, 6 Willarch Road, added that if you were to substitute a different kind of tower, the drilling and epoxy would in effect triple the cost of the project. Mr. Higgins was apologetic for putting the Board in this position. He noted that the Town haswe have a commitment to the neighbors and that this mistake pre-empted the discussion that should have taken place. Mr. Higgins stated the Townwe will now restartdo that process. Mr. Buzz Constable, 17 Old Lexington
Road, asked stated there is more to be said in the discussion before the Selectmen and why this process did not work. He Mr. Constable added that the replacement steel lattice tower has more impact on the neighbors than the previously existing towers. Mr. Roger Bergen, 20 Macintosh Lane, stated he believes the ZBA made a big error, and he believes the tower has to come down in no uncertain terms. Gary Taylor assured everyone that the Board of Selectmen will have a full airing of other strategies for eliminating the dead zones. Mr. Efraim Flint, 8 Bedford Road, stated he was very disturbed that the proper process was not followed and also that he believed that the FAA may require a light for a tower on a hill that is above a tree line. Mr. Higgins responded that we have a FAA waiver for a tower up to 50 feet above ground level. Mr. Paul Shelman, 21 Hilliard Road, noted that the trees around the tower are at the end of their life span and that the
lattice structure will become even more noticeable when they are gone. Mr. Higgins responded that they plan on looking into how best to screen it with new plantings. Mr. Caswell added that they plan to allocate additional money for an annual preventative maintenance budget such herbicide spraying. Doug Crosby, 9 Hilliard Road stated his house is 25 feet from this site and now has to contend with his view of a lattice steel structure.
Mr. Kimball thanked everyone for coming and sharing their views and that he expects the Town to come back again for a formal hearing in 3 months.
Administrative:
Completed decisions signed.
Meeting adjourned at 9:30 pm
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